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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.

Husband won't move out

7 replies

Peppermint81 · 18/10/2021 21:57

Does anyone have any ideas how I can get my husband to move out?
I bought the house and have the mortgage in my name, we were together at the time but got married a year later. We have a young son now too.
He doesn't work, he does do housework and looks after son when I work 3 days a week from home.

He cannot manage his stress and loses his temper at least once a day. He doesn't hit me but shouts, rants, threatens etc . This has gone on for years and has just gotten unbearable, he literally exudes tension and don't want our child to think this is how a man behaves and be around this. He always moaning about everything and slagging everyone including my family off. I believe he is suffering with anxiety and depression but he refuses to speak to GP, won't have therapy I've even offered to pay private but he rejects it all telling me I'm the problem. It is really sad as love him and we been together a long time and thought would grow old but I know his behaviour is not right and he won't do anything to fix it.

He threatens to move out but then never does. I pay for everything and savings are what I have saved. I have offered to give him half the savings but he doesn't think it's enough, thinks he should have more and house be sold and he takes half.
Trouble is I am only working 3 days a week since coming back from maternity and salary just covers mortgage, bills, food. I cannot afford to move out and rent whilst house being sold as would still have to cover mortgage bills whilst he lived there.
I have no idea where I stand legally.

Any advice is gratefully received.

OP posts:
LemonTT · 19/10/2021 00:13

As you are married he is entitled to a share of what you both own and owe. That includes equity in the house, pensions, savings and debt. It doesn’t matter whose name is on them, they are all part of the pot.

The only mitigation is that the marriage might be considered short. But the length of the marriage will be taken from the time of living together. That could reduce his share of the assets.

He also could be considered the primary carer and you should roll back that arrangement.

SHAR0N · 19/10/2021 09:49

You need to see a solicitor. As @LemonTT said , your situation is complicated for several reasons. You really can’t afford to mess about on this, trying to apply general advice to your specific situation.

Bagelsandbrie · 19/10/2021 10:06

@LemonTT

As you are married he is entitled to a share of what you both own and owe. That includes equity in the house, pensions, savings and debt. It doesn’t matter whose name is on them, they are all part of the pot.

The only mitigation is that the marriage might be considered short. But the length of the marriage will be taken from the time of living together. That could reduce his share of the assets.

He also could be considered the primary carer and you should roll back that arrangement.

All of this.
Peppermint81 · 20/10/2021 21:10

Thanks @LemonTT and @SHAR0N. Useful to know and thank you for your advice.

LemonTT - we have been together 15 years but only married for 5. Would that make any difference?

Sharon - when you say general advice is this a legal thing!? Sorry not sure what that means

OP posts:
Peppermint81 · 20/10/2021 21:14

I guess splitting everything is fair, he doesn't want to work so will be worried about him if my pay isn't helping him.
However is selling my house the only way to get him to move out? He won't leave as I feed him n put a roof over his head etc plus our son who he didn't want he has now bonded with

OP posts:
Stripyhoglets1 · 20/10/2021 21:21

You need legal advice on getting an occupation order and starting the divorce - and advice on what he's likely to be awarded.
But painful as it might be now it sounds like you're doing the right thing in the long run.

LemonTT · 21/10/2021 00:58

Yes, they will use the length of the relationship not just the marriage.

The best thing you can do now (on top of the occupation order) is look around for some child care and put in an application for UC to cover the cost of that on the basis that you will be separating from him. That way when you move to get him out of the house you will be able to the children into childcare and have the income to cover it. That might be enough to spike his guns.

If he is out of the house with no reason to look after the children he will need to look for work.

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