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In the process of separating.....where do I stand?

(5 Posts)
lollipop69 Mon 26-Sep-11 07:55:32

I recently told my DH that I wanted to separate....long story, wont go into it. Being as it is my choice he is understandably not very happy. He is currently still living with me and my 3 DC and I am continually asking him when he will move out. Last night he began saying that it should be me that goes and that he has rights and is not intending on going anywhere at this present time. I cannot leave as my 3 DC are not his (and I would never leave them) and the house although council house is in my name. He says that even though the house is in my name he does not have to leave as he has lived here longer than 2 years. He then said that he is entitled to half of everything in the house. Finally he is refusing to give me the money that he normally does each month for the bills. I do work but would need to claim tax credits to boost my income which I obviously can't claim for as long as he lives here. I am trying to keep this as amicable as possible as I want to try and protect my DC but if he makes it any more difficult I don't know what I will do. Can anybody help me and tell me where I stand re the house, asking him to leave and the contents.

Collaborate Mon 26-Sep-11 09:42:02

You can't make him leave until you divorce him. See a solicitor about that ASAP.

You can claim tax credits as a single person provided you can show the powers that be that you are truly separating. You only have to show that you live in a separate houshold to him, and this is possible even if he shares your address. Make sure you no longer share a bedroom. Do no cooking or cleaning/washing for him. You don't have to wait until he's moved out, but usually they want to see that you've issued divorce proceedings.

prh47bridge Mon 26-Sep-11 09:59:03

Just to add to Collaborate's post, the assets of the marriage will be split between you and your husband. He won't necessarily get half of everything but he is likely to get some of it.

lollipop69 Mon 26-Sep-11 14:10:24

Thanks.....I find it really hard not to cook for him etc as the kids are expecting me to be nice (even though I don't want to be)! I would not know what grounds to divorce him on as he has not had an affair....or behaved in a particularly unreasonable way. As I say this was my choice.

prh47bridge Mon 26-Sep-11 17:20:57

To divorce quickly you should go for unreasonable behaviour. The allegations don't have to be particularly extreme.

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