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how to make him move out

(10 Posts)
MrsDeathOfRats Sat 14-May-16 22:30:56

I'm filing for divorce.
Flat is council and in my name only.
I need h to move out but I don't think he's going to go easily.
What can I actually do if he won't move out?

How long is reasonable for him to find somewhere to move too. We are in north London so rooms are readily available for rent.

Can I call the police and have him removed?
I want to give him time to move out but I don't want to give him endless time frame as he will just not go!!

RealityCheque Sat 14-May-16 22:33:40

You are married. It is the marital home.

Unless he's actually abusive then you can't make him easily. Sorry.

MrsDeathOfRats Sat 14-May-16 22:48:41

My understanding was if I'm the sole tenant then he has no legal recourse to stay?

goddessofsmallthings Sat 14-May-16 22:49:26

How long have you been married and do you have dc?

Regardless of the fact that the flat is in your sole name, you cannot force your h to leave the marital home unless he has been abusive to an extent where the police have been/are involved.

If he refuses to comply with your request that he lives elsewhere, I would suggest you move to divorce him as he wont have any right to remain in what will be your home after the marriage has been ended.

enfru Sat 14-May-16 22:50:43

I'm in the same situation- DH has decided he no longer loves me but is also refusing to move out. His behaviours pretty unreasonable but not abusive so I cannot force him to leave.
You just have to wait and hope for a shred of decency to show itself!

DaveCamoron Sat 14-May-16 22:51:46

Unless he is abusive you cannot force him to leave until you get divorced.

Marilynsbigsister Sat 14-May-16 22:59:46

Your married. You cannot force him out of the marital home any more than he can force you out. (Thank god) it works both ways and is there to protect both of you regardless of whose name is on the tenancy. If he has been abusive you may be able to get an 'occupation or non molestation order' otherwise your only options are to move out yourself or to cohabit until someone decides to move.

goddessofsmallthings Sun 15-May-16 00:36:25

Your "understanding" is wrong, OP. If you attempt to eject or otherwise remove your h from the marital home he will have recourse in law and you may be required to pay him damages/compensation plus his legal costs.

www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/common-issues-relationship-breakdown-and-housing/relationship-breakdown-and-housing-can-you-make-your-partner-leave/

sykadelic Sun 15-May-16 00:58:58

Goddessofsmallthings did you read the link you posted? OP in YOUR particular case you CAN ask him to leave. From Goddess's link:

"If you live with your partner and your name isn't on the register of title/title deeds or the tenancy agreement, you don't have an automatic right to stay in the home when your relationship comes to an end.

All that your partner must do if they want you to leave is to give you 'reasonable' notice. There aren't any legal rules about how long the notice must be to be reasonable, it will depend on the circumstances. If there has been violence or unreasonable behaviour, very short or immediate notice may be considered reasonable. The notice doesn't have to be in writing."

OP as you rent you CAN ask him to leave but you need to give him reasonable notice. While it says it doesn't need to be in writing I would put it in writing anyway.

sykadelic Sun 15-May-16 01:05:38

Sorry correction, you're married, my bad. Marriage changes everything (contrary to people who thinks there's just as many protections if you're not married).

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