Don't know if should be in relationship or legal but please please help

[Wamster]

Following another blazing row last night where I got called all names under the sun, threatened with all sorts of stuff, my dh of four years told me he was going to throw me out at weekend.
It is his house, he pays mortgage (I've just finished a college course so am looking for work, no DCs),

I didn't sleep a wink last night. I am not blameless but the level of abuse (non-physical but still scares me) directed towards me last night was to much to take, he'll be sorry today, but I've had enough and know that another couple of months he'll do same again if angry enough.

I WANT to leave him now, last night was the final straw.

But, I need time to make plans to leave all the same. My mum is on holiday at moment and it's a while till she returns.

I'm crying as I write this- he really is horrible-but, OK, can he just chuck me out just like that?

No. You are married, therefore its your house too. He can't kick you out anymore than you can kick him out.

That of course doesn't mean things will be comfortable but as for booting you out, no he can't do that.

Thanks for getting back so quick.

Get your behind down to the CAB today, you have rights, plenty of them, and actually, if he starts to threaten you and get verbally abusive, you may even have cause to obtain a possession order and throw HIM out.

Be strong, he is being a bully. Don't stand for it.

Main thing, don't panic, don't leave, get proper advice before you do anything.

Hmmm, given there's no kids involved, i suspect getting a possession order would be a non-starter.

Even if her DH did leave, how would OP be able to pay the mortgage?

I think Wamster, you do need some proper legal advice but ultimately you are probably best leaving once you've sorted a plan out and getting your solicitor to put a charge on the house so he can't sell it until you've agreed financial split for divorce. The starting point is 50-50 for any equity in the house but given there's no kids and the length of marriage isn't long, a judge will prob look at who put what in and divide accordingly.

No, he can't. If he did you could go to court on an emergency basis (so you'd get a hearing date quickly) and ask court to make an order deciding who can live in the house. Realistically, with no DCs and you sounding like you want to leave anyway, it would be a case of giving you time to sort yourself out so you're not homeless.

Ahh, yes, missed the no DC bit... NiceGuy is right, in all respects.

Wamster, if you have no ties apart from marriage and property, please don't allow this to go on. He has no right to abuse you like this and to live in fear of the very roof over your head is soul destroying.

Get advice. But don't put up with this shit. Behaviour like this tends only to get worse once DC come on the scene.

CAB website has lots of useful info on.

What I'm talking about is called an occupation order. Possession orders are for mortgage companies/landlords.

If you get divorced, you can make an application for ancillary relief ie a share of the assets of the marriage. Niceguy is right; no kids and short marriage mean it's nowhere near a classic 50:50 case, but you'd need to speak to a solicitor about this.

All I want is time to leave. He can keep his house. If he said, 'I think we should part. I'm suggesting you leave in x amount of time', I wouldn't mind.
Although, I am not blameless, I don't think it is right that he reacts as he does.

Yes, OP, I thought that's what you wanted. Go back to my first post. Good luck.

If he becomes physically aggressive, you can have him temporarily removed from the house. You are his wife, not a disobedient lodger, and though you would not be able to keep the house (as it's in his name and you can';t pay the mortgage) he is not allowed to throw you into the street and he is not allowed to keep or destroy your belongings, either.
If he has calmed down, tell him that you will leave but you need a few weeks to arrange a new home for yourself. Hopefully, even though he is a tosser, he is not so bad that he will refuse to allow you this time to sort yourself out.