Can I make him leave marital home

[Holdmyhand]

Hi - can anyone advise me. H is having affair - openly admits to seeing ow & sees her. We are living in same house - situation is intolerable - I want him to leave but he won't. Can I make him leave?

You both have the same right to live in the former matrimonial home and the usual legal advice to both parties is to stay put until arrangements for the finances and any children have been settled. What you can do is press on with the divorce and arrangements as quickly as possible.

Even though situation is intolerable - he is openly seeing ow

What about occupancy order?

As STIDW said - presuming there is no "abuse" (I appreciate that the fact he is seeing OW may feel like emotional abuse atm).

have a look at this. It talks about Occupation Orders, I have no idea what the criteria would be - but presumably some sort of unsafe situation, rather than just "uncomfortable".

So I either have to move out with kids or continue with me & kids living in an unhealthy and intolerable situation in family home even if it affecting my health & ability to parent my kids?

Go and see a solicitor. It isn't clear cut, but it sounds like you have grounds to divorce but not grounds to get him out.

No, OP (to last post), you need to issue a petition for divorce straight away.

Occupation orders aren't handed out easily; you need to show that there has been at the very least physical intimidation and harrasment.

Get the petition underway pronto would be my advice.

If I change the locks or lock him out has he got the right to break in? Would police assist him in gaining access to the property?

you don't have the right to change the locks if it is his property as well.
As I understand it (not a lawyer - this is general reading etc) it wouldn't be illegal for him to break-in to gain access to "HIS" property if you did this.

Is/has he been abusive to you/the children?

Emotionally not physically

Look Holdmyhand, I and at least one other lawyer here have told you that you're barking up the wrong tree with an occupation order. You simply aren't going to get one. Nor can you change the locks, for the reasons explained.

You should be putting all your energy into preparing a petition based on his adultery, assuming he's going to confess, or unreasonable behaviour if he doesn't.

You can get an occupation order based on intimidating conduct, perhaps the op is sensitive, and on the grounds of disturbing the children's emotional well being. It is possible

But she's not saying that he's being intimidating.

I know it's a horrible situation to be in, but the costs of the application for an occupation order aren't going to be less than £1k, probably more, and my view is that unless she makes up allegations, on what the OP has said so far, her application is unlikely to succeed.

Believe me, if you make up allegations you'll get found out.

sorry - I didn't notice this was in "legal matters".

Wasn't suggesting she makes anything up, obviously, but we've both no doubt seen cases where the app. has tried it on.