Abandonment

[Trixiechelle]

Need some advice please. My husband left the family home three years ago, he is an alcoholic but has just completed a rehab program and hey presto he arrived outside the family home to say he owns half the house and is allowed to come in. The Police were called and they removed him as he refused to leave. Does anyone have any advice with regards to the family home. I filed for divorce a month ago hence he shows up after three years. He hasn’t supported us in 12 months, I am living on loans to pay the mortgage. I have a 17 year old daughter still in full time education. I feel he is a bully and trying to bully his way back

[millymollymoomoo]

It’s also his house
presume he is on the deeds? Therefore I think you’d need an occupation order to prevent him returning thete. You also need to resolve financial settlement ( which may involve selling the house). The fact you’re laying the mortgage will have little baring

[Anita848]

According to this help guide, you can file for a non-molestation order to prevent him coming near you and your daughter - https://iamlip.com/different-types-of-child-arrangement-court-orders-explained/
The form you need for it is FL401 - https://iamlip.com/the-court-process-of-child-arrangements/form-fl401/
Hope this might be able to help! I would look into doing this for both you and your daughter's peace of mind. Neither of you deserve to be treated like that x

[millymollymoomoo]

You’ll still need to file for divorce and financial settlement - as he does own the house still

does your daughter want to see him?

[Trixiechelle]

Thank you :)

I have an appointment in the morning with my Solicitor to file for an occupation order.

[Trixiechelle]

I have filed for divorce.

My daughter doesn’t want to see him at this moment in time. I wouldn’t keep her from her Dad but because of his behaviour she just doesn’t want to see him. This guy causes drama everywhere he goes.

[Mrsttcno1]

Be prepared for the fact that you may need to sell the house now OP, or buy him out. You can apply for the order to keep him away from you both but the fact is he does legally own half of it so he is entitled to get his “half”. It may be worth you looking financially now to see what options you have in terms of buying him out.

[Trixiechelle]

Yes I am aware that we need to split the martial assets which I will gladly do to move on.

[Ignore1badadvice]

A Section 37 injunction prevents a person from disposing of or dealing with assets until the conclusion of a divorce or financial dispute.