How do I get Husband to move out?

[LivingInLondonTown]

How do I get him to move out

We have a 1 bed flat and the tenant moves out in two weeks. Initially we discussed taking it in turns staying at the flat and the house so kids wouldn’t have to move. I am primary carer and sometimes H doesn’t see kids for days although living in same house. Neither myself nor kids want to do the 50/50 split. I need to break it to him about the change in plans. He can come and see kids regularly and they can go to him every other weekend. The flat is 10 mins from the house.

Went to Citizens advice today and they gave me an appointment for 3 weeks time, so no good as need to bring this up next week. Have no idea what my rights are? The house is 75% mine 25% his (deed of trust) and we want him to move into flat. It will all be temporary measure to give us breathing space. Happy to put that in writing, to reassure him that this is not a permanent arrangement.

Am half way through writing Divorce petition. Don’t know if issuing that alters anything? He has said will not contest unreasonable behaviour as long as I don’t list his affairs. He denies these, but this is the reason for the divorce. I understand the need to keep things amicable to keep us out of court wherever possible.

Gave him parenting plan to complete so he could input what he wanted. This has been on table blank for 10 days. Arranged mediation in December but he refused to attend. Arranged couple counselling and he refused to go. He doesn’t want to cooperate or aknowledge it’s happening. How can I get him to move out.. ?

Even with the majority ownership I think all you can do is ask.
If he's taking the flat first, you could wait and then say tell hi mtbe conversation you've had with kids but I don't know legally you can stop hi mretirning to the house.
If he doesn't see the children for days on end how the hell is he intending split custody to work?

I think you need to sit down ASAP and appeal to his rational side. The marriage cannot be saved, he doesn't do 50% of the childcare due to work, the 1 bed isn't suitable for the kids etc.

As for "this isn't long term", how is it not? Or is the intention to se both homes and split the money accordingly?

Hi SleepingStandingUp,
Thanks for your thoughts. The "it's only temporary" is because things will change once we look at finances. We will have to sell 1 bed and I have a 2 bed that I owned before we were married which am thinking will need to give to him, in exchange for keeping family home. The 2 bed should mean kids would then be able to go for a weekend stay overs.

I truly believe once he moves out he will stop taking them for granted. They still love him and are lovely kids. When they were little he was very hands on and involved. He has only started putting himself and the need to go out on the town before them for the past 18 months. He hit 40 and went of the rails.

Currently refusing mediation but i think once things get moving he will see the logic of that and kids are early teens so their input will probably change what we arrange. After a few months apart we should be able to see how he is shaping up as a Dad in terms of spending time with them.

Until we get financial agreement underway and some sort of agreement, there was no point freeing the 2 bed up as if he refused to pay mortgage I would be liable and cant afford to risk loosing it. Should add both flats are interest only and mortgaged up to hilt, so there isn't really much capital there. The reason I have a 75% on house because i remortgaged 2 bed flat.

The rational side you talk about isn't showing itself at the moment. Has also said "will fight you tooth and nail for everything" don't think it bodes well.