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Can he just move back in?

7 replies

funnylittlefloozie · 25/04/2019 23:06

My husband left 4 years ago. He has contributed financially for our DD, no issues there. He rang up on monday night and said that when the lease on his rented flat is up in July, he is going to move back in here. I cannot live with him, i am stressed and intimidated by him.

I know he has a legal right to be here, he owns half the house, but what on earth can i do? I have an appointment with a solicitor on Monday, but i could really do with some advice, however sketchy, to calm me down a bit.

OP posts:
Collaborate · 26/04/2019 05:25

If there are sufficient grounds you may be able to get an occupation order, preventing him returning. Only your solicitor can advise you about this after you have told them everything.

AvengersAssemble · 26/04/2019 05:35

After 4 years I would say no he cannot, the fact he contributes is because his DD is under 18 and he is required by law to pay.
Get a Solicitors appointment urgently. Inform your Ex via letter he will not be moving back in, he will probably threaten to stop paying maintenance etc etc, so get a Court Order in place first.

Wallywobbles · 26/04/2019 06:27

I'd think it's unlikely after 4 years but I'm absolutely not a lawyer. Is there any reason you've not started divorce proceedings? Perhaps you should.

HollyBollyBooBoo · 26/04/2019 06:34

I don't think this will calm you down but I think he does have the right to return unfortunately and as others have said you'd need to prove that he was a risk to you or your children to get an Occupation Order.

Don't just change the locks either as that's illegal I believe.

What's the situation with the house - are you selling it/buying him out?

funnylittlefloozie · 26/04/2019 06:59

Didnt get divorced as neither felt it was a pressing requirement. We had a verbal agreement that the house would be sold and equity split 50:50 when DD finishes A-levels. Her GCSEs start in 3 weeks and he is doing this NOW. She hasnt got out of bed in 3 days as she is so distressed by the thought of him moving back. I bloody hate him for doing this.

OP posts:
prh47bridge · 26/04/2019 07:29

As Collaborate says, you need to see a solicitor.

RedHelenB · 26/04/2019 07:39

Tell your daughter things will be sorted. Her gcses are more important. Worse case scenario you rent elsewhere, you are not forced to live with him. Go to your mortgage people and see if its possible to buy him out.

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