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Legal matters

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Divorce and house troubles

1 reply

Winterflower · 19/12/2009 00:27

hello everyone.

I'm currently going through a divorce and my husband is dragging his feet holding everything up. I currently have 3 dc however only 1 lives in the house full time as the others have left to fly off to university.

Now here is the problem. My husband has recently become redundant and refuses to pay anything towards the children whilst living in the same house and refusing to move.

Is there anyway I can get him out of the house?

If it helps somebody answer: I work part time but its getting more and more and previously my (soon to be) ex-husband has paid for the mortgage and some food but pretty much nothing else.

I hope somebody can help with my questions because this is the last thing i need to be worrying about with Christmas coming up.

thanks in advance

H

OP posts:
mumoverseas · 19/12/2009 07:41

Sorry about the breakdown of your marriage. Never easy, particularly at this time of the year.

With regard to getting him out, unless he is behaving REALLY badly, ie being verbally or physically abusive it will be difficult, if not impossible to get him out.
If there were any abuse, then it MAY be possible to get him out by way of an Occupation Order (type of injunction through the family courts) Essentially, if granted, this would allow you to remain in the matrimonial home and for him to be excluded. Costs of these type of orders VERY expensive though if you are not eligible for public funding/legal aid.

You need to be also thinking long term about what will happen, ie where you will both live. The house may well need to be sold if you cannot afford to maintain it and you may need to buy a smaller/cheaper property.

Have you got a good family lawyer? If not, you need to consider instructing one. Good luck

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