Can anyone tell me what my chances are or have any experience of this?
I am divorcing my husband, we have one child. I left the family home with our child to go live with family members due to his angry outbursts.
I asked him within a few weeks to please move out of the home and allow myself and our child to move back in. This is for stability for our child. He refused and said he has no where else to go. This is partially true, we moved to an area to be close to my family when we had our child and his parents and family members do live hours away, I don’t dispute this.
I applied for an occupation order on advice.
He is saying if he is forced to leave the home, that he will have no choice but to move back to parents which means loosing his job, or be homeless.
We both earn similar amounts, neither of us can afford a private rental and paying half the mortgage which I have accepted in my statement.
He is saying in his statement that I can get housing benefit and rent with our child and has done a calculation! Or live with family members but I want our child to be back in the family home. My family members can’t accomodate us long term and it’s crapped as we are in a flat.
He has started financial proceedings for the divorce as we haven’t been able to agree with either the sale of the house or buying each other out.
If I am to move back in I can’t afford the mortgage alone and would need him to still pay his half.
I don’t have any concrete evidence of his angry outbursts other than my statement, no other witnesses. But I can’t move back in and live with him until this is all sorted, his behaviour scares me.
For his part he says we did argue at the end of the relationship, but he denies any angry outbursts or intimidating behaviour.
We are both self representing and there will be a legal advisor at the hearing to ask questions.