Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Kicked out of marital home

(11 Posts)
Isthisreallyallowed Sun 09-Nov-14 19:15:08

I've name changed for this as I'm quite identifiable on my usual name.
Friend of mine is currently going through a divorce.
She's the breadwinner and her husband is a stay at home father to their DS.
They are currently stuck living in the same house until they can come to an agreement about financials and he won't budge on them so they're at stalemate.
It's been getting increasingly tense in the family home and he has said he doesn't want her there and has sent a solicitor's letter saying he will get an occupation order so she has to move out. He has become increasingly unreasonable, sending nasty text messages etc, which has culminated in him moving all her stuff out of the house without prior warning, taking it to her sister's and leaving it there on Thursday this week while she was at work.
She doesn't know what her rights are in this situation (they are joint owners) and doesn't really feel up to challenging him.
He has verbally threatened her saying if she tried to come back to/stay in the house he might get aggressive with her.
What can she do? What are her rights? I think she should tell the police what is happening to get a log, but I'm not sure. Is he even allowed to move her stuff out and not let her back in the house?

All advice appreciated!

LineRunner Sun 09-Nov-14 19:19:32

Well, he doesn't have a court order, so he can't just put her out.

If she has a record of him threatening her, she should contact the Police asap.

Ditto if it were male/female the other way round.

titchy Sun 09-Nov-14 19:25:09

Of course she can move back in its her house. She should move herself and her stuff back in and see a solicitor ASAP, and log the threat with the police. If he refuses to let her back in she needs to get it listed in court as an emergency.

Isthisreallyallowed Sun 09-Nov-14 19:33:17

I think she doesn't want to cause too much disruption to their DS and is quite uncomfortable being in the same house but is worried she'll lose out on a lot if she moves out.
The threat was verbal along the lines of 'if you come back in the house I wint be responsible for what I do'

Isthisreallyallowed Sun 09-Nov-14 19:35:11

The other thing he has done is, when asking her to move out in the letter, cited the emotional inpact on Their DS as a reason for her leaving as it's 'affecting him negatively'' confused

LineRunner Sun 09-Nov-14 19:37:43

Well, you've had the advice to pass on to her. Solicitor, police. And move back in.

scallopsrgreat Sun 09-Nov-14 19:39:48

Has she also thought of speaking to Women's Aid as he sounds very aggressive.

The Rights of Women website might also be useful.

She definitely needs a solicitor though. And keep those nasty text messages.

Isthisreallyallowed Sun 09-Nov-14 19:44:16

Thanks, I really appreciate this. Will the police take a 'your word against mine' threat seriously especially when the situation is as it is?

LineRunner Sun 09-Nov-14 20:03:24

Yes, the Police will talk to her and take it seriously. Especially with DC involved.

Isthisreallyallowed Sun 09-Nov-14 20:06:42

Thanks. Have passed your advice on. Will leave it to her to decide what to do with it.

SWIMTHECHANNEL Tue 11-Nov-14 14:51:02

She surely shouldn't just leave that letter unanswered? Or it might be taken that she agrees with his assessment that her presence is upsetting their ds. This needs a strong response and for her to move back in, in my (amateur) opinion.

There is really no substitute for legal advice.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now