How to get rid of an un wanted husband from the matrimonial home

[Franniban]

I have a friend who is about to embark on this route but she is worried about how she actually get the bugger out of the house. If he is totally unwilling to go, what options does she have apart from changing the locks!

Many thanks,

In whose name is the house? That makes a big difference.

She should see a solicitor for advice.

oh and if the house is in his name too, she can't just decide to change the locks to keep him out. I seem to recall reading that somewhere.

Why should he leave?

If the house is in joint names and she changes the locks he can simply get them changed back. She cannot simply refuse him access to to the matrimonial home.

If she is the victim of domestic violence, physical or verbal abuse, then potentially she could make an application through the family Courts for an Occupation Order (a form of injunction) which if granted would mean that he would be excluded from the matrimonial home.

As Heqet says, she should see a family solicitor for advice

The usual legal advice is for both parties to remain in the former matrimonial home (as long as it is safe to do so) until the finances have been settled and arrangements for children are in place. Both parties have the same rights to live in the former matrimonial home, but if the husband is unwilling to go why doesn't your friend consider the option of moving out herself?

Otherwise the quickest way to get 'rid' of an unwanted husband is to press on with divorce and settling the finances and arrangements for children. To do that it is sometimes necessary to allow the other spouse time to emotionally adjust, particularly if the idea to separate and divorce is not their's, so that constructive progress can be made and long term family relations are least damaged.

Thats exactly the situation I was in, it was awful, I had to move out in the end, I would advise her strongly to get a really good solicitor who will start proceedings for divorce. It should cost around 250 for court application and then a around 200 to write a letter to her h. I wish I had done this instead of having to live with him for a year and then having to move my children out of their family home because he was so abusive in front of them. I have been in rented for a year now and he is still fighting over the house. I wish her lots of luck and stay strong

Thanks for all the posts. I've suggested that she seeks legal advice asap.