Refused to put my name on the deeds- what are my rights?

[down2earthwithabump]

Can anyone help me or signpost me in the right direction. DH keeps leaving the home in short breaks without discussion. This recent one was since BH Monday and he says he will return on Friday 11 days later, that I am not allowed to contact him, and as we were booked on a weekend away that me and DD should go away for weekend. Poor DD hasn't had any contact for the whole time, no note, or communication at all. Clearly I want to separate but keep things stable for DD. Trouble is DH owns house. He has owned it since mid 90s and has refused to put my name on the deeds. We have been married 10 years. What are my rights to tell him to live elsewhere since he walks out so often anyway? I worried if me and DD stay then it will be a horrible weekend, but if we go, he could change locks?
What should I be doing?

You have a right to continue to occupy the property until you divorce. You can register that right at the Land Registry. It won't protect you against any of his creditors (if he has any) coming after you, but no lender will take a mortgage on the property without your consent (after you've registered your right to occupy). Later on, when you divorce, you can register your actual claim against the property. This would give you protection against any claims made subsequent by creditors.

As part of the divorce the court will divide your assets in a way that is fair. The fact that he owned the property prior to marriage is an irrelevance. Your need to provide a home for your daughter is one of the most important ones that the court will have regard to.

11 days and you don't know where he is will be suitable facts in support of an unreasonable behaviour petition.

Thanks for the response. Oh I do know where he is, or at least his base. He has rented a log cabin. I just didn't know where he was going and for the first 4 days didn't know when he'd be back. He popped in when I was on the school run yesterday and left beer bottles in the recycling bin and a bag of pine cones on the dining table. No note. But picked up a suit and shoes.
I want to stay in the property with DD for her stability for now, can I enforce him to stay out of the property? Don't I need his signature for the occupancy? Is there any other advice I should seek? My brain is all muddled from not knowing what he's doing.

Speak to CAB. iirc your rights to the home differ depending on whether you are in England or Scotland. There are also different provisions depending on whether or not you have paid any of the obvious living expenses at the property eg utilities; Council Tax, and have a corresponding paper trail.

Also, you can't enforce him to stay out of a property that he owns unless you have a court order. Even if he didn't own the property, he would still have tenancy rights.

You would be better speaking to CAB or a solicitor especially if you think he may change the locks and leave you homeless if you go away for the weekend.

Shelter can also advise on housing rights if you think you may end up having to leave the house.