DH wont leave

[Rainymay12]

Dh refusing to leave. I have asked him to leave, I have had enough. I work to pay all bills and get his card “here and there” to “pop to the shop” i do all house work, childcare school runs whilst he spend 7 days a week working for his Dad’s buisness of which he gwts a tiny wage and we see none of it. Recently his mother has been more than horrific towards me and he has been so so complacent about it, he is complacent about everything, the house needs replastering and lots of work outside, we need a new car we need a new lawnmower my tumble dryer is on the blink. Im spending yet another weekend solo parenting with no car. I asked him to leave at linch time. He laughed and said hes not leaving to be without the kids. Do I pack up with kids and go? This is nothing new ive had countless convos about things needing to change, with countless promises..

Who pays the rent? Is it you or your DH? Do you have a formal tenancy agreement with your dad? If you do, who is on that agreement?

Start divorce proceedings and seek legal advice

It doesn't matter who pays the rent, it matters whose name is on the tenancy agreement.

I don’t know the legal side of things but if a landlord isn’t allowed to evict a tenant, then surely he can pretend he’s selling it and then change his mind.

No, he can't do that, it's illegal.

Youre both too enmeshed with your families sorry

But, change the locks and tell your dad that he's not welcome back.

Then call the police if he shows up

You asked him to leave a few hours ago, of course he’s not immediately left and made himself homeless. You need a proper discussion about it when he’s home and then decide next steps. Don’t take the kids from their own home right now, they need their home. Does he actually have somewhere he can go?

That's illegal too

There are some laws that you break that make you a bellend

This isnt one of them

What do you mean?

Yes it would, it’s his home too.

Please stop giving bad advice , the op can end teh tenancy , if one of te tenants end it it ends for both . Yes he may still refuse to leave and make her dad go to the court but it’s doable

Hes a shite husband - op needs to take charge here. And its her dad's house as well, hes got no respect.

Illegally evicting a tenant in the UK is a criminal and civil offence.

Landlords or agents who harass or unlawfully force tenants out can face up to 2 years in prison and/or unlimited fines.

Hi op you don’t leave if he’s not on any paperwork you just change the locks. Also don’t do anything for him and report his parents for underpaying as the minimum wage should be followed by all employers. He is a cheeky bastard not contributing anything towards the house or his kids he will only want the kids to spite you. Tell him to fuck off to his mother. He is a waste of space start the divorce asap and make sure you write everything down that you do and pay for.

Doesn’t mean locking him out is ok. It’s unfair to him
and very shit and potentially damaging for her kids witnessing the shit show that will follow. They are parents and need to act like adults, they are stuck raising kids together wether they like it or not.

This!

He does have rights. Even if he is not on the tenancy agreement, they are married and it is the marital home. OP cannot just change the locks.

This.

No, not this. Why are people giving OP the wrong advice.

If it’s a joint tenancy either party can give notice to terminate the tenancy. This ends the whole tenancy. If H does not leave the landlord would still need to go to court for possession, but it is normally a much more straightforward matter to get an order.

Tempting but depending on how nasty he could be, especially with his family egging him on, I wouldn’t. When I was in the process of my ex, someone close to me suggested I leave for my own safety and get my kids back later on when they were back from holiday with their grandparents (ex’s parents). According to my solicitor if I’d followed that advice I’d have had a hell of a job getting them back as leaving them would have made it look like my ex was a good, competent parent (he wasn’t and isn’t) and I would have looked like I was basically abandoning them. Wouldn’t have had a leg to stand on in family
court.

If OP plays her cards right it could be done in a legal and straightforward manner but I get the feeling that OP just wants to vent and not actually do anything to change her situation.

OP, you need to get legal advice to get him out. And talk to your family. Don’t try to carry this burden on your own. Best of luck.

I think you’ve missed the point tha it’s OPs DF who would be acting illegally, not oP

It’s fine for her to break the law and risk the consequences. She doesn’t get to decide that her dad should