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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.

URGENT: Shall I Divorce Him?

508 replies

BusyFinch · 11/05/2024 22:38

My Husband hates my children (they’re not our kids together they are my children from a previous marriage and are pre teen / early teen secondary school age. He is hypercritical of them and is super picky about everything they do. He has no or next to no relationship with them despite the fact that he has been living under the same roof as them for last 5 years. His criticisms are especially focused upon my daughter who is my youngest and a typical pre teen. Messy and answers back a lot. He is constantly on high alert always telling me things she’s done wrong.

For example today - not using her knife only using her fork at dinner , hanging her sports medals on her wardrobe door handle because they swing when she opens and closes the door it risks damaging the wardrobe door apparently, talking back to me, using her phone at the dinner table (showing me a mug cake she wanted us to make for her pudding), being on her phone too much generally, having too many items of cosmetics and it causing the kids bathroom to be messy and this is a relatively ‘light’ day in terms of his complaints. We have been out all day and this has all been between 4 and 9pm today. Some days there will be constant complaints all day.

For example: as soon as the kids get back from school they’re being too loud (he works from home in the living room as he has used the study as his hobby room so can’t fit a desk in there), kids have not taken their school bags immediately up to their rooms, not put their shoes neatly on the hall mat, had a snack at the table and left crumbs, not pushed the dining room chair in when getting up, not cleared the table after their snack, not put the snack stuff in the dishwasher to his liking, stomped up the stairs too loud, ran up stairs, worn shoes in the house, got water on the floor or too much water around sink in bathroom and this will all be in the 30 mins or so after the kids get in from school - this continues in a similar vein every hour of the day he is in the house with the kids.

In the first years or our marriage I tried to get the kids to do things to his liking but a couple of weeks ago I could no longer stand his constant petty ridiculous nitpicking of my kids and told him if he didn’t lay off them we were getting divorced.

He has never really tried to form any sort of relationship with my kids. They dislike him and tolerate him at absolute best. My ex husband (the kids dad) has indoctrinated the kids telling them they don’t have to listen to my husband which only makes things worse.

My husband and I are arguing about this on a daily basis. He is a negative, chronic complainer and doesn’t see the good in the world or in people in general. He is basically a miserable person. He hates his job and complains about that too. He dropped from full time to 4 days a week last year, but he is as miserable as ever.

A couple of months back after a family walk my daughter was sat in my car boot getting her muddy wellies off. He told her to get out of the boot so as not to get it muddy. She reasoned that her muddy boots were hung over the edge of the car boot. He was infuriated at her for talking back and literally physically removed her from the boot of my car - quite roughly too. I was shocked and have since been spending a lot of time considering leaving him.

My daughter had told me previously that he gets really angry with her when I am not there eg about leaving her room messy and she feels he wants to hit her that is how furious he appears to her. He never has hit her, just been cross with her but it has clearly scared her.

My son has basically figured out that he needs to not speak back and to not question my husband about stuff and he is generally a less confrontational child and so doesn’t get targeted by my husband as much as my daughter. A few years ago however my son was on the receiving end of exactly what my daughter is now I once went into my sons room and found my husband had hold of him on both shoulders - my husband said my son had tried to kick/lash out at him - this was years ago now and has not occurred again. I told my husband I would not tolerate this and that it would be over if he ever did anything like that again.

I am literally at the point where I cannot relax in my own home with the kids as I am just always waiting for the next negative comment or criticism to come from my husband. He literally hates all the world. Do I divorce him?

The house is in my sole name but he’s been here for 5 years so presumably would have some claim on it in the event of a divorce?

He constantly moans about the fact that he has to pay towards the mortgage from our joint back account without any ownership of the property. He often moans about the cost of raising my kids and how it costs much more than the child maintenance my ex husband pays. He moans about how much I spend (I am the main breadwinner). I do not live lavishly but literally every time I take the kids out anywhere that costs anything he will comment on it. I have not had a proper holiday with my kids in 5 years (we have been going camping or renting an air bnb with friends in the uk as he has been saying he doesn’t want to go on holiday with the kids he would rather just go with me and it would cost too much to do 2 holidays so either he and I have a holiday together or the kids and I do - I have ignored this and booked the above holidays for the kids and I every year anyway. He doesn’t come with us and will book a cottage in the uk for one week a year for him and me which I don’t enjoy as I am basically a cook on holiday he will just complain about having to eat out too much. Last year I told him I was booking an all inclusive in 2025 for the kids and I and he could come if he liked which he has agreed to - but I literally had to fight to get him to listen to what I wanted)

Financially I could manage without him as I work practically full time plus I get child maintenance from my ex.

Question is do I divorce him? And if I do what happens to my house? Shall I offer to pay him back whatever he has spent on my house so far just to make him more likely to leave without a fuss. I have asked him to move out and he has said no. He says he does not want a divorce, but I have so much anger, sadness and resentment about how the kids and I have been living in this bloody war zone for the last 5 years I cannot see any other way forward. Thank you so much for reading and any advice would be very gratefully received.

OP posts:
AcrossthePond55 · 26/05/2024 18:04

@OlderGlaswegianLivingInDevon

OP said "Yes it’s the first place he’s seen. Not available until July though unfortunately."

Absolutely would have been better if he hadn't come back. But I expect he's 'staking his claim' to a financial interest the house, even though it's in OP's sole name. IANAL, but they're married so I believe it is technically the 'marital home'. I wouldn't be surprised if he's already got/getting legal advice that's telling him not to move out.

I'm happily married so I'm not anti-marriage/living together. But honest to God if I were to become single again I wouldn't marry nor move anyone in for all the tea in China no matter how much I might love the man.

OriginalFloorboards · 28/05/2024 18:50

Agree @AcrossthePond55 with your comments completely.

BusyFinch · 28/05/2024 21:06

AcrossthePond55 · 26/05/2024 18:04

@OlderGlaswegianLivingInDevon

OP said "Yes it’s the first place he’s seen. Not available until July though unfortunately."

Absolutely would have been better if he hadn't come back. But I expect he's 'staking his claim' to a financial interest the house, even though it's in OP's sole name. IANAL, but they're married so I believe it is technically the 'marital home'. I wouldn't be surprised if he's already got/getting legal advice that's telling him not to move out.

I'm happily married so I'm not anti-marriage/living together. But honest to God if I were to become single again I wouldn't marry nor move anyone in for all the tea in China no matter how much I might love the man.

Agree 100%. There are multiple interested parties in the house he’s put in a rental application on so we will see. Keeping everything crossed.

OP posts:
OlderGlaswegianLivingInDevon · 28/05/2024 21:18

Lets hope he is not counting on this property then, hopefully he is going to view others...

BusyFinch · 29/05/2024 08:28

OlderGlaswegianLivingInDevon · 28/05/2024 21:18

Lets hope he is not counting on this property then, hopefully he is going to view others...

Ugh he is the pickiest person every house is too small, too expensive, not in a nice area etc etc. He’s contacted an estate agent about 1 other property and is waiting for them to get back to him with a viewing but No other viewings lined up yet.

OP posts:
SinnerBoy · 29/05/2024 09:28

It sounds like he's stalling.

OlderGlaswegianLivingInDevon · 29/05/2024 11:48

no you now need to be firm

or he can go and stay with parents / siblings / friends

or he can airb&b or travelodge

AcrossthePond55 · 29/05/2024 12:01

@BusyFinch

I agree with @SinnerBoy , unless there's a real problem with the rental market in your area, he's stalling.

Do you feel his 'pickiness' has any basis in reality?

brightpompoms · 29/05/2024 12:13

Well he doesn't need to find his forever home. He just needs to find a solution to his imminent homelessness. Stay strong and get him out.

Reread your opening post to remind yourself of the urgency and why you are doing this.

OlderGlaswegianLivingInDevon · 29/05/2024 12:17

@BusyFinch

you had said

Solicitors told me she wasn’t sure I had enough to get him out on an occupation order and that technically he has a right to live in the marital home,

but she did say to get the occupation order filled out online so that if he stops engaging with the process I can submit it and see what happens.

She also said if he doesn’t engage with the process of moving out to get a solicitor to write him a letter.

so time for you to get that occupation order filed out online,

and time for a solicitors letter.

as he is not trying hard enough.

he was supposed to know by Tuesday i.e. yesterday if he was successful or not

fc123 · 29/05/2024 20:17

OlderGlaswegianLivingInDevon · 29/05/2024 12:17

@BusyFinch

you had said

Solicitors told me she wasn’t sure I had enough to get him out on an occupation order and that technically he has a right to live in the marital home,

but she did say to get the occupation order filled out online so that if he stops engaging with the process I can submit it and see what happens.

She also said if he doesn’t engage with the process of moving out to get a solicitor to write him a letter.

so time for you to get that occupation order filed out online,

and time for a solicitors letter.

as he is not trying hard enough.

he was supposed to know by Tuesday i.e. yesterday if he was successful or not

He faking it in my view.
Looking, viewing , agreeing to go but there will never be the right place, or if there is, it will be taken by another.
He needs to be prompted to find a temporary place whilst he looks for something more permanent.
I.m guessing when he married you he had no significant assets at all?
Handy for him as he landed on his feet with you but he couldn't 'mask' the whole time.

BusyFinch · 29/05/2024 22:19

fc123 · 29/05/2024 20:17

He faking it in my view.
Looking, viewing , agreeing to go but there will never be the right place, or if there is, it will be taken by another.
He needs to be prompted to find a temporary place whilst he looks for something more permanent.
I.m guessing when he married you he had no significant assets at all?
Handy for him as he landed on his feet with you but he couldn't 'mask' the whole time.

He had a flat that he sold and moved in to my house. Also he now has a recent inheritance plus he does have some savings. He has enough to privately rent for sure. I will be completing the occupation order paperwork this weekend and will ask friends and family to write a supporting statement to evidence his behaviour towards the children. I think the court will grant the occupation order for the sake of the children. He will be gone soon by hook or by crook.

OP posts:
BusyFinch · 29/05/2024 22:19

fc123 · 29/05/2024 20:17

He faking it in my view.
Looking, viewing , agreeing to go but there will never be the right place, or if there is, it will be taken by another.
He needs to be prompted to find a temporary place whilst he looks for something more permanent.
I.m guessing when he married you he had no significant assets at all?
Handy for him as he landed on his feet with you but he couldn't 'mask' the whole time.

Yes I agree he is faking

OP posts:
BusyFinch · 29/05/2024 22:20

He didn’t get the house he put an application in on …… apparently 🤨

OP posts:
Luddite26 · 30/05/2024 06:37

I know private rents are hard to come by but he's obviously not trying that hard. I bet if he was paying to stay in a hotel he would find one quicker. Push on with the
Occupation order he has had reasonable chance now

GabriellaMontez · 30/05/2024 09:02

Maybe he needs to find a room in a shared house until something comes up. Inflict himself on a group of strangers... see how they tolerate him.

GabriellaMontez · 30/05/2024 09:08

IANAL but it sounds like you've been asking him to leave since he manhandled your children.

Surely you'll get an occupation order??

Verv · 30/05/2024 16:54

@BusyFinch Just wanted to say how fantastic you are for proactively getting rid of this lump.

OlderGlaswegianLivingInDevon · 30/05/2024 17:13

@Verv

but...he's not gone yet ! ...

Mummy2024 · 01/06/2024 02:21

What's your plans for the house? Do you really love it? Plan to stay ie buy him out? Or will you be forced to sell? If your forced to sell just put it up for sale tomorrow tbh and use your share of the equity on a deposit on a new house, house prices have fallen slightly but not much. If it's sold he's no choice but to go... you've started divorce proceedings so I doubt he would be entitled to any share of a house you bought from now.

SandyY2K · 01/06/2024 03:08

From people i know looking to rent, it's not that easy in.some areas these days. You view it and put in an application along with other people and the landlord gets to decide.

Sometimes being a viewing isn't that easy either, as they only agree to take on a limited number of viewings. It's a landlord's market.

Joystir59 · 01/06/2024 06:59

Good luck OP, you have made the right decision and I hope he moves out sooooon!!!! You and your children can breathe again and enjoy your lives together

BusyFinch · 09/09/2024 23:11

Update: He’s gone - hooray!! Long story but kids and I are so relieved- we can finally live our lives in peace. Fingers crossed he doesn’t ever contact me again. He’s blocked on everything now.

OP posts:
MrsOvertonsWindow · 09/09/2024 23:16

Well done OP.
Hope you and your children are able to relax and rebuild your lives aa a safe unit.
Please give yourself time to grieve and mend - and your children.You'll all need time to process and rediscover your family life without an aggressive "intruder".

Delphinium20 · 09/09/2024 23:24

YAY!!! I'm so happy for you and your kids!