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Can I make him leave?

(7 Posts)
Braavos Sun 26-Jul-15 20:09:13

This is my first post on Mumsnet. Been lurking a while.

My STBXH has a drink problem that has lasted over a decade, we have been married for several years and have a child (under 4) together. He owns the house, I am not on the deeds.

I have asked him to leave our marital home due to his alcoholism, I can longer tolerate his benders, blackouts, lies, manipulation and moods. The relationship as far as I'm concerned is over. Typically he's gone on a bender and has been out drinking with his loser friends since midday.

Has anyone else been in the situation where their spouse was the sole name on a mortgage and they were asked to leave but refused? He's refusing to move out saying it's 'his house' and not mine. I am his wife and I paid half the deposit, unfortunately I had no income at the time the house was purchased so he bought it in his name (very stupid).

Do I have a legal leg to stand on? My family/friends seem divided over this and I can't afford legal advice at the moment.

category1 Sun 26-Jul-15 20:11:55

You're married and so it's joint assets.

MrsEvadneCake Sun 26-Jul-15 20:12:26

A quick google produces this:

Much here will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks.
If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school.

But there will be much more knowledge people along to help.

BeautifulBatman Sun 26-Jul-15 20:14:00

It's the matrimonial home so you have rights regardless of deeds. Although I'm not sure you have any right to make him leave. Is selling up and splitting the proceeds not an option?

Braavos Sun 26-Jul-15 20:17:21

He's basically in denial that the relationship is over. He is acting like we never even had the conversation. He's even ordered a fucking skip to be delivered next week like landscape gardening is a priority right now. FML.

MarchLikeAnAnt Sun 26-Jul-15 20:29:35

Why don't you move out instead? Have a fresh start?

pocketsaviour Sun 26-Jul-15 20:33:08

The marital home is usually classed as a joint asset in my experience.

Ring round some solicitors tomorrow and go in for a free half-hour chat. Then you'll have a better idea of where you stand.

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