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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Locked out of matrimonial home with my son

30 replies

BigNsmall16 · 13/05/2017 11:16

Hi lovely people

Please help.

When my husband and I separated last year I left the matrimonial home in haste and rented another property to get out of the situation.

Now I can see clearly and I'm in financial difficulty I want back in.

How do I get reinstated?

Would I be responsible for the mortgage, even if not working?

How would we sell when the time came?

Thanks

OP posts:
VeuveVera · 13/05/2017 11:18

Is he in the house?
Do you talk to him?

Original poster
BigNsmall16 · 13/05/2017 13:35

Hi there thanks for response.

Yes we are on talking terms and he lives there. It was his flat before we married so he still sees it as his!! I am on the land registry thankfully

OP posts:
MrsBertBibby · 13/05/2017 13:47

Do you envisage moving back in with him? Or do you want him out?

Original poster
BigNsmall16 · 13/05/2017 16:28

No he has to go. We've been separated a year

OP posts:
MrsBertBibby · 13/05/2017 19:06

Well it doesn't sound as if you would have grounds to get him out using an occupation order, so your only real option is to get a divorce under way and sort out finances. Do you have children? If not you are highly n likely to succeed l though you'Lloyd probably get a share of the equity. You need to see a solicitor for proper advice.

LedaP · 13/05/2017 19:08

Why does he have to go?

mineofuselessinformation · 13/05/2017 19:12

Who pays the rent where you're living now? (You mentioned you're not working.)
Given that it was at least six months since you left, it doesn't sound like you could insist he left - but you need to see a solicitor.
I would imagine that he will have to give you some of the equity when you settle financially.

WatchingFromTheWings · 13/05/2017 19:14

You left. I doubt you can now force him out so you can move in.

Mumteedum · 13/05/2017 19:16

Unless he agrees to go willingly, then it'll cost loads to do it through court. Even then, really hard to get him out if he does not agree. You should get divorce underway so you get share of the equity though.

Original poster
BigNsmall16 · 17/05/2017 20:35

Hi all

Thanks for your replies.

Yes we have an 18 month old that lives with me full time. We are fully separated and have been for a year hence reason I wouldnt want to live with him again.

Why would it cost loads via court if I am representing myself - can you give more detail I am clueless and there's not a great deal online to help.

I pay rent where I am now however he says he is now earning less and is cutting the money he gives me down to the point where I can no longer afford the rent

OP posts:
expatinscotland · 17/05/2017 20:40

Then you can apply for housing benefit but he doesn't 'have to go'.

expatinscotland · 17/05/2017 20:41

How do you propose to pay the mortgage if he takes off?

justdontevenfuckingstart · 17/05/2017 20:46

Big It will cost through the court because you will need a solicitor. I cannot see how you can successfully represent yourself when you have admitted you are clueless.

isadoradancing123 · 17/05/2017 20:46

Why is he the one who has to go

PigletWasPoohsFriend · 17/05/2017 20:52

No he has to go.

No he doesn't at all.

Original poster
BigNsmall16 · 17/05/2017 21:59

Mortgage is half the cost of rent so far more affordable. Can't see how a court would feel it's reasonable for a single mum to be living away from the marital home with our child whilst this bachelor lives there paying minimal mortgage payments - appreciate I left the home but there must be some justice

OP posts:
PigletWasPoohsFriend · 17/05/2017 22:01

Can't see how a court would feel it's reasonable for a single mum to be living away from the marital home with our child whilst this bachelor lives there paying minimal mortgage

You left the home. Now you have decided because it's cheaper you want to kick him out and move back

It doesn't work like that.

How are you going to pay the mortgage for starters.

Original poster
BigNsmall16 · 17/05/2017 22:14

The part about not working was hypothetical. I work at present and earn a third of his wage. Emotion played a very big part in me leaving the matrimonial home -abuse from.him and the need to protect my son at such a young age when my husband decided he didn't want a family after all.

Diplomatic feedback welcome..

OP posts:
TheHodgeoftheHedge · 17/05/2017 22:16

I'm obviously not an expert but I'm prettt sure that as you left the house for 6 months and it was his house to begin with, unless he was happy move, I don't think you have any legal rights to try and remove him.

TheHodgeoftheHedge · 17/05/2017 22:19

How long have you been married btw? That sometime changes what you may be entitled to.
I really think you need some legal advice even if you can't afford a lawyer for the entire process. Most lawyers will offer a free consultation.

Astro55 · 17/05/2017 22:21

Why aren't you claiming housing benefit? Or anything else you may be entitled too?

You need to make and claim

You may also benifit from free solicitors advice or CAB - which is free

Doubt you'll Beatles to live back unless it's part of a divorce settlement

GreenHairDontCare · 17/05/2017 22:21

If it was his house first and a short marriage, you're unlikely to be able to claim the house. Particularly as you left and housed yourself.

Mumteedum · 17/05/2017 22:25

Sadly emotion does not come into this. I've been through it. Ex changed locks on me, I'd done nothing wrong. He ended it. Was abusive etc. However, I did not have enough evidence for a non molestation order to get him out. I ended up renting.

Yes, much more expensive than house for half size.

He had no right to lock me out but as I didn't feel safe to get back in and front it out living with him through the divorce, that was that.

There wasn't much equity in the house. I got back what I paid in but it probably cost me half of it to get it.

If I had have got the house awarded through court, and he'd refused to go, I would have been looking at even more costs to evict him. Believe me. He would have gone to extremes.

It's a hard process. You need to get divorce moving and get settlement agreed.

Mumteedum · 17/05/2017 22:25

Astro she can't get hb cos she owns a house!

Astro55 · 17/05/2017 22:29

Didn't realise that! So a divorce or removal from the deeds then?

The other side OPnisbof he stops paying the mortgage you'll be asked to pay it via the bank - you need to sort this quickly