Help hes kicked me out of a joint home

[emma19891]

Hi all

I have had a mortgage with my ex now for 5 years both on the agreement (we both equally pay for it) we also have a child together who is 4
My ex continously lied to me, treated me terribly. His family bullied me for years and then he went behind my back and was messaging girls. He Is in a stable well paid job and has a rich family. I have nothing I had to give up work to care for our son who has health issues. We split up 9 months ago and during that time we refused to leave the house and told me I had to go. I initially refused but since then he has pushed me out. His nastiness towards me, I even had to call the police one night because he was that horrible to me and told me to pack my bags and go! With threats.
He has taken our son at home because I have no where to go and I'm living at my friend's on sofas or at my new partner but he has a kid and I can't stay full time.
Is he entitled to our house? His parents have a 6 bedroom house he refused to move back to his parents house but expects me to be homeless! My question is.. is he allowed to do this to me? Despite me being on the mortgage? I did nothing wrong.. yes I found someone else but that was after we split up! He pushed me away by cheating on me the over the years we were together and now I'm suffering

No. He can’t. You need to see a solicitor specialising in family law urgently, but otherwise take all emotion out of this and forget who said what, did what, who cheated or didn’t cheat. The courts don’t care. They only care about the wellbeing of the child.
If you are on the title deeds to the house (either joint tenants or tenants in common), then you have just as much right to live there as he does. He cannot change the locks or kick you out without a non-molestation order or occupation order.
I’m not sure if you are married or not, but either way your ex needs to either buy you out or the house needs to be sold and the equity split between you. How you go about this depends on whether you are married or not. If you are married then the finances will all need to be agreed in your financial settlement, but if he refuses to sell or buy you out then you can go to court to force a sale, but it’s costly and time consuming. That said, often the unreasonable party who refuses to sell is liable for the legal costs.
You will be expected to work to support yourself now, so I recommend you get a job soon.
The main concern here is that by unlawfully excluding you from the house you jointly own and rendering you essentially homeless, he is preventing you from having access to your child. The courts won’t look favourably on that at all.
You need to seek legal advice urgently and I’d recommend Women’s Aid as well.