How can I get my house back?

[DontBeBlueBeARainbow]

I left my STBXH at the beginning of lockdown after he slapped my 4yo and fled to my mum's. He has since refused to leave the house.

We bought the house 6 months ago, it is in my name, mortgage in my name. I have to pay mortgage and all bills. He has no income but some savings.

Considered occupation order but couldn't get legal aid because of high ish equity.

Have decree nisi, but we have stalled at consent order, he no longer consents to me buying him out of 50% equity as he has a load of other demands (more money basically).

I'm so so frustrated, I am so tempted to apply for decree absolute so his home rights end, but that's not advisable?

Is he the father of your dc? I would get an occupation order of I were you. I don't think a judge will issue an absolute without a consent order and at the moment the courts are delayed due to Covid.

Don't you qualify for legal aid on account of the domestic violence?

And have you taken advice from DV orgs?

I agree - go straight to DA. His homes rights will end but you can at least enter the property when he's not there and change the locks. Beware though that will not stop him applying for an occupation order to allow him back temporarily, though provided you can prove on the balance of probability that he slapped your 4-year old he won't be allowed back. He'd also have to do all of the running.

Do not try and force entry if he's inside. That's an offence under s12 of the Criminal Law Act 1977.

@ednatheevilwitch he is the father of my kids
@user12699422578 I don't qualify for legal aid because of the equity in the house (which he is occupying). I have had support from Womens Aid but I feel it's too late now as it's 3 months on...
@Collaborate I wish I could get him out that way, but he literally doesn't leave the house!

Thanks for all replying, I feel quite hopeless about it but at least me and the kids are safe and happy.