XH plans on moving back in

[Noregrets78]

Hi I could really do with knowing if there is anything I could do.

Key things ( I think...)
Divorce is now finalised, but the financial agreement is not. Therefore technically we both currently own the house. He moved out 5/6 months ago and I've been living in the house. I pay all bills myself, including the mortgage, and receive nothing from him.

There no residence order in place for DD, but she currently spends 4 nights with me, 3 nights with him.

XH needs to move out of his current place soon. He told me he plans on moving back in here.

To complicate things - since he moved out he's continued to access the house whenever he wants - has said he'll never give me any warning when he's coming round. He uses the washing machine, picks up his post, picks up things for DD etc. Always while I'm out of the house. He's very aware that I can't physically stop him at the moment.

Other background - he's abusive. He's been removed from the house by the police, and also warned for threatening phone calls. But nothing serious enough to allow for an occupation order.

Is there anything I can do to stop him? Do I just sit here and wait for him to arrive, and then rent somewhere? Surely after all this time, and me paying anyway, there is something I can actively do to ensure he can't move back in? He does not recognise that this is not in DD's best interests.

I'd like to stop him coming in the house as well - again not sure there's anything I can do. He still part owns the house, and he'll receive his bit of the investment when we sort the finances. but surely I'm entitled to feel safe, and have some privacy?

Thanks all.

fuzzy, the starting point is equality but that means sharing assets to leave both parties on a similar financial footing to start independent lives rather than a mathematical percentage. In our case the children lived with me the majority of the time and the matrimonial assets were shared 33:67 in favour of my ex-husband. I paid spouse maintenance too.

Definitely keep on with your solicitor - I appreciate you can't give full details on here and wouldn't advise you to. But the main thing to remember, if you have to deal with a difficult, abusive man is that he won't just get his own way and there are various legal means to put him in his place no matter how tiresome he becomes.

wow STIDW, I got a hundred percent of the family assets, we're in the process of making ex bankrupt and recovering unpaid spousal maintenance currently, our earnings at the point of divorce were similar altho I am the higher earner now.

There's clearly no hard and fast rule, I'm sorry I said the starting point is 50%-60%, I've known a lot of friends (sadly) who've had that split, one friend offered his ex wife a 100% of the family home (mortgage free), she refused, his circumstances changed and the split went 60% 40% in ex's favour, she should have taken it when he offered her the whole thing.

Good luck OP, I hope you get an occupation order and him off the deeds, the mortgage will remain in joint names unless ex signs papers sigining it over to you, that would give him mortgage capacity so he could find a place of his own presumably.

As people have said it depends on your earnings. In our case my ex got about 60% of the joint assets and the children lived with me as I earned more than he did. In many couples where the wife earns nothing and the husband an average wage and not much equity in the house ( which is needed to house the children anyway) the wife may get 100% of the assets with house only sold when the children are 18 or she remarries or cohabits plus maintenance for wife and children. That is not an usual arrangement with a non earning wife (or househusband for that matter) as the children need to be housed, particularly if it is not a much bigger house than they need.