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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.

What do you do when they won't move out?

10 replies

dorothysredshoes · 04/09/2020 08:00

Separated from husband for 18 months. Still in same house. Every time I try to broach the subject it causes arguments and he is saying I'm bullying him out of his own home. I don't know what to do. He's extremely difficult. I've said let's just sell but he also says no to this.
Is there anything I can do in this situation? It's horrendous

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LucyLatimer · 04/09/2020 08:06

Is the house in joint names? In my situation, I moved out and rented, divorced him and got an order for sale in doing so. It’s wrecked my finances for years to come, but he wasn’t going anywhere.

NotSuchASmugMarriedNow1 · 04/09/2020 08:09

You have to go to court to force a sale. I'm guessing that even if you left he still won't sell so just go ahead and proceed via the legal route

minnieok · 04/09/2020 08:10

I'm guessing you are waiting for 2 years to process the divorce? At that point you can force a sale

dorothysredshoes · 04/09/2020 14:19

No not waiting for 2 years he's just been procrastinating, then lockdown etc and now keeps giving reasons not to move out. He earns 10x what I do and could afford to rent. I have a child with ASD so in his best interest for me to stay in home until he is at least 18 (he's 15) . Guess I just have to get the lawyers involved

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dorothysredshoes · 04/09/2020 21:37

Thanks for your replies btw

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HoratiotheHorsefly · 04/09/2020 21:46

I had to go to court and get an order for him to move out and then I could sell the place. Police helped me ensure he left and I changed the locks and then I started selling procedures.

Vintagevixen · 06/09/2020 11:22

Get legal advice. It really is invaluable.

In my case I had to go to court to force a sale which was ordered. Then I fell for his " I've made a mistake lets try again" bullshit - huge mistake, he wasn't serious about giving us another go just didn't want to loose his big beautiful house.

So when that didn't work out I had to persuade him again to sell - he dragged his feet all the way down the line, was awkward through the whole sale process, but I managed to do it in the end as he knew that if we went back to court a sale would be ordered.

Also consider a Mesher order - sale is deferred until youngest child is 18, he has to move out. But this costs to do, solicitors fees etc. Its good for giving your kids stability - they get to stay in their home, school etc but just kicks the can down the road for you, in that you will have to deal with the sale and him eventually.

Don't listen to his "advice" - get independent advice and always remember its your home and life, stand up for yourself, I know its hard but you need to.

dorothysredshoes · 07/09/2020 21:14

Thank you. It's horrendous. He was looking at flats but then spoke to a solicitor who has advised him not to move out. He won't rent or use an inheritance he is due imminently so our only option is to sell up which is going to be upsetting for my son with autism. Have now got a lawyer and have said we just need to get on with it otherwise I will never get away from him.

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millymoo1202 · 07/09/2020 22:41

I am in same position as you, I’m a year down the road, my solicitor is now threatening court action. I’m in Scotland, what I can’t understand is why he wishes to stay as he’s killed his relationship with the kids and just wants rid of me but clearly the grass isn’t greener! I know if I’d had all the finances in my name and earned what he does I’d have been long gone but I guess it’s all about control

dorothysredshoes · 07/09/2020 23:50

It's weird yes. In one breath I am a crazy woman but then he says he should stay in the house as it's a waste of money to move out and rent. They definitely like the control.
Sending virtual hugs to anyone in a similar predicament, wouldn't wish it on my worst enemy.

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