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Locked out of matrimonial home with my son

(31 Posts)
BigNsmall16 Sat 13-May-17 11:16:48

Hi lovely people

Please help.

When my husband and I separated last year I left the matrimonial home in haste and rented another property to get out of the situation.

Now I can see clearly and I'm in financial difficulty I want back in.

How do I get reinstated?

Would I be responsible for the mortgage, even if not working?

How would we sell when the time came?

Thanks

VeuveVera Sat 13-May-17 11:18:36

Is he in the house?
Do you talk to him?

BigNsmall16 Sat 13-May-17 13:35:25

Hi there thanks for response.

Yes we are on talking terms and he lives there. It was his flat before we married so he still sees it as his!! I am on the land registry thankfully

MrsBertBibby Sat 13-May-17 13:47:11

Do you envisage moving back in with him? Or do you want him out?

BigNsmall16 Sat 13-May-17 16:28:24

No he has to go. We've been separated a year

MrsBertBibby Sat 13-May-17 19:06:50

Well it doesn't sound as if you would have grounds to get him out using an occupation order, so your only real option is to get a divorce under way and sort out finances. Do you have children? If not you are highly n likely to succeed l though you'Lloyd probably get a share of the equity. You need to see a solicitor for proper advice.

LedaP Sat 13-May-17 19:08:06

Why does he have to go?

mineofuselessinformation Sat 13-May-17 19:12:15

Who pays the rent where you're living now? (You mentioned you're not working.)
Given that it was at least six months since you left, it doesn't sound like you could insist he left - but you need to see a solicitor.
I would imagine that he will have to give you some of the equity when you settle financially.

WatchingFromTheWings Sat 13-May-17 19:14:26

You left. I doubt you can now force him out so you can move in.

Mumteedum Sat 13-May-17 19:16:04

Unless he agrees to go willingly, then it'll cost loads to do it through court. Even then, really hard to get him out if he does not agree. You should get divorce underway so you get share of the equity though.

BigNsmall16 Wed 17-May-17 20:35:07

Hi all

Thanks for your replies.

Yes we have an 18 month old that lives with me full time. We are fully separated and have been for a year hence reason I wouldnt want to live with him again.

Why would it cost loads via court if I am representing myself - can you give more detail I am clueless and there's not a great deal online to help.

I pay rent where I am now however he says he is now earning less and is cutting the money he gives me down to the point where I can no longer afford the rent

expatinscotland Wed 17-May-17 20:40:34

Then you can apply for housing benefit but he doesn't 'have to go'.

expatinscotland Wed 17-May-17 20:41:53

How do you propose to pay the mortgage if he takes off?

justdontevenfuckingstart Wed 17-May-17 20:46:34

Big It will cost through the court because you will need a solicitor. I cannot see how you can successfully represent yourself when you have admitted you are clueless.

isadoradancing123 Wed 17-May-17 20:46:42

Why is he the one who has to go

PigletWasPoohsFriend Wed 17-May-17 20:52:44

No he has to go.

No he doesn't at all.

BigNsmall16 Wed 17-May-17 21:59:10

Mortgage is half the cost of rent so far more affordable. Can't see how a court would feel it's reasonable for a single mum to be living away from the marital home with our child whilst this bachelor lives there paying minimal mortgage payments - appreciate I left the home but there must be some justice

PigletWasPoohsFriend Wed 17-May-17 22:01:06

Can't see how a court would feel it's reasonable for a single mum to be living away from the marital home with our child whilst this bachelor lives there paying minimal mortgage

You left the home. Now you have decided because it's cheaper you want to kick him out and move back

It doesn't work like that.

How are you going to pay the mortgage for starters.

BigNsmall16 Wed 17-May-17 22:14:13

The part about not working was hypothetical. I work at present and earn a third of his wage. Emotion played a very big part in me leaving the matrimonial home -abuse from.him and the need to protect my son at such a young age when my husband decided he didn't want a family after all.

Diplomatic feedback welcome..

TheHodgeoftheHedge Wed 17-May-17 22:16:06

I'm obviously not an expert but I'm prettt sure that as you left the house for 6 months and it was his house to begin with, unless he was happy move, I don't think you have any legal rights to try and remove him.

TheHodgeoftheHedge Wed 17-May-17 22:19:46

How long have you been married btw? That sometime changes what you may be entitled to.
I really think you need some legal advice even if you can't afford a lawyer for the entire process. Most lawyers will offer a free consultation.

Astro55 Wed 17-May-17 22:21:01

Why aren't you claiming housing benefit? Or anything else you may be entitled too?

You need to make and claim

You may also benifit from free solicitors advice or CAB - which is free

Doubt you'll Beatles to live back unless it's part of a divorce settlement

GreenHairDontCare Wed 17-May-17 22:21:19

If it was his house first and a short marriage, you're unlikely to be able to claim the house. Particularly as you left and housed yourself.

Mumteedum Wed 17-May-17 22:25:02

Sadly emotion does not come into this. I've been through it. Ex changed locks on me, I'd done nothing wrong. He ended it. Was abusive etc. However, I did not have enough evidence for a non molestation order to get him out. I ended up renting.

Yes, much more expensive than house for half size.

He had no right to lock me out but as I didn't feel safe to get back in and front it out living with him through the divorce, that was that.

There wasn't much equity in the house. I got back what I paid in but it probably cost me half of it to get it.

If I had have got the house awarded through court, and he'd refused to go, I would have been looking at even more costs to evict him. Believe me. He would have gone to extremes.

It's a hard process. You need to get divorce moving and get settlement agreed.

Mumteedum Wed 17-May-17 22:25:51

Astro she can't get hb cos she owns a house!

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