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What steps to take to get partner to move out?

(5 Posts)
hayleybop Sun 09-Mar-14 08:13:21

My partner and I have been together for nearly 20 years. We have two girls. We have a house. It is his house as his parents bought most of the house for him. They are quite wealthy. It is a humble wooden house, we did it up together.
He has become abusive when drunk. He has a drinking problem. Last night I was up all night crying because I disagreed to what he was saying. He abuses me mentally quite a lot when drunk, I don't sleep.
How do I get him to move out? I don't want to disrupt my children's life by moving. My family live 700 miles away so moving out is not an option and by law I have the right to remain here whilst they are in education.
But how the hell do you remove him out. What steps should I take?

Ledkr Sun 09-Mar-14 08:17:27

Your first step should be phoning women's aid who can advise you of your legal rights.
Good luck.

monkeymadness1 Sun 09-Mar-14 10:49:25

It's not as simple as "by law I have the right to remain here" just because you have young children and they are in education still. It's his house and you are not married (from what you've said). You need to take legal advice as it's not as simple as kicking him out and there no certainty that you and the children will be able to remain in the house.

Nappaholic Sun 09-Mar-14 23:43:10

You may be able to apply for an order regulating the occupation of the property, if his behaviour is causing "occupation order", or there is the slightly less drastic non-molestation order forbidding bad behaviour, although it wouldn't oust him fro pm the property. Longer term, if you have no share in the home, you could still apply to the court under the Children Act to "borrow" his property from him until the DC's are 18, or leave school.

You really need legal advice - see if you can get a free initial interview with a local family lawyer - preferably one who is a member of Resolution, to explore your options. You shouldn't have to put up with this.

cestlavielife Mon 10-Mar-14 16:31:50

what is to stop you and dc moving out to a rental nearby?

it is his house if you dont have any thing signed eg on land registry..

however...he does have duty under childrens act to help house the kids - but - children move all the time. so unless there are specific reaons eg child disabled and ghouse is adapted, saying "dont want to disrupt thechilden" is not a big enough reason to not move with them... how much are rentals nearby? can you afford it? eg with housing benefit? etc .

i had to move out from joint owned property because of ex 's behaviour. sometimes it is the only way. getting an occupation order may cost you more than the rental deposit...

where would you expect him to go? can he afford to rent while you stay there?
what will happen when kids reach 18? where would you go then?

what sort of contact arrangement would dc have with him> is he a danger to dc because he drinks? could he have them unsupervised?

first step speak to womens aid, second step go thru with a solicitor practically speaking what your legal rights are. you dont have automatic right to stay there, no.

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