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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Separation house rights

2 replies

Ginga66 · 02/03/2013 23:26

Dh and I are going through a very hard time. I'm not sure he loves me but I know he wants to be with our two boys.
Emotionally I could not cope with living in the same house if we are not together.
If things don't improve and I ask him to leave and he won't what are my rights? Can I make him leave? The house is join owned and we both work part time and share parenting although I am on maternity leave.
I would not in any way stop him having total access to the kids I just could not live as mum and dad under the same roof unless we are husband and wife too.
V confused.

OP posts:
CogitoErgoSometimes · 03/03/2013 11:42

You need legal advice to have the proper information relative to your circumstances. Some solicitors specialising in family law will offer a free half-hour consultation. Generally speaking, unless there is some serious or compelling reason why you can't live together you can't actually make him leave a house he jointly owns. There's nothing to stop you asking him to leave however. Equally, there is nothing to stop you choosing to live somewhere else with your children either. This is where RL help from friends or family can be useful.

Many couples can reach an amicable agreement on things like parenting, financial support and accommodation without the intervention of lawyers. Keeps the costs down, of course. However, should you divorce and he doesn't want to voluntarily give up the property or becomes obstructive in other ways there are methods to force things like house-sales.

Ginga66 · 16/03/2013 23:18

Thank you x

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