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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

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Xp moved himself back in!!!!!! Advice please!

153 replies

mammadiggingdeep · 16/09/2013 10:21

Cannot believe this. He's been gone nearly 7 months.....shitty behaviour since dd1 was born 3 years ago. Lack of affection, stonewalling, moody, unreasonable etc etc. I was a mug, took it all and tried to make things better. In march I discovered he'd been cheating and something in me clicked. I asked him to leave and he went.

We own the house together, it's in the middle of being renovated (by him). Since then he has virtually stopped doing anything to the house but was coming a bit to do bits in the first few months. He's continued paying half the mortgage payments.

Anyway, yesterday when I came home from being out with the DCs, he was here...doing some decorating. When I went upstairs I spotted a holdall bag. He stayed the night on sofa and when kissed dd1 goodbye said he'll be back later :(

I didn't speak to him at all....I didn't want to engage. I didnt want a row in front of the DCs who were pleased to see him. Wtf do I do??? Legally he's within his rights to move back in isnt he??? I can't do it :(

I offered to buy him out but he won't have it. Can't sell on the market yet as it's not finished and we wouldn't make as much money as I'd need for a future house.

Shit!! What if he stays put??!!!!!!! Shall I text him and tell him not to come back as door will be locked? Do I stay quiet and think on it for few days?? What do I do?? Please help....am panicking.

OP posts:
Jaynebxl · 17/09/2013 07:28

Don't move out under any circumstances if you can avoid it. And do get legal advice asap. I kno you said you would yesterday and didn't. .. don't put it off or he will start new habits and put down roots.

mammadiggingdeep · 17/09/2013 07:42

Yeah, but 25 minutes away, so 25 minutes to nursery drop off then 45 minutes on to work. Full day teaching then the same in the evening. Doable but bloody annoying, as he'll be sat in the 3 bedroomed house by himself!!!!

OP posts:
mammadiggingdeep · 17/09/2013 07:44

Yes Jayne, I agree. I was silly to think I could do this reasonably with a conversation. Legal advice first thing!

OP posts:
Hissy · 17/09/2013 07:59

This prick is banking on you backing down.

Keep at him, tell him he's not staying. Is his brother supporting you? Or is he neutral?

I agree, as soon as he realises that he's not going to live there, he may want to sell.

mammadiggingdeep · 17/09/2013 08:09

Brother supporting.....and just had call from his mum who is in disbelieve at the sheer disrespect. Told me she'll speak to him today.
I think he'll back down when he realises how serious I am.

OP posts:
FiftyShadesofGreyMatter · 17/09/2013 08:13

Just change the locks!

mammadiggingdeep · 17/09/2013 08:21

Yes, I need to get over always wanting to do the "right" thing. It hasn't got me anywhere so far....fight fire with fire.....

OP posts:
mineofuselessinformation · 17/09/2013 09:56

Mamma, so if he won't sell, he's still going to pay towards the mortgage isn't he? Leave that issue to one side until you have sorted out this one. Lock the doors as soon as you get in so you don't forget or have a change of heart later.

mammadiggingdeep · 17/09/2013 11:04

Have rung CAB, not answering and you have to leave a message for ring back service. Have rung solicitors, getting s call back this afternoon. Have googled 'occupation order' where one joint owner gets permission to reside with the other one not allowed access. Has to go through the county court and they will favour any decision which benefits children.....sounds like a possible route....

OP posts:
Lweji · 17/09/2013 11:08

Just change the locks!
This.

And go the legal route in the meantime, and get his family to talk to him, but make sure he doesn't get in this evening.

He moved out, you lost your keys, you changed locks. No need to give him new keys, as he has moved out. He wants to get back in he goes through the courts.

But do get an occupation order.

Mama1980 · 17/09/2013 11:22

Have been thinking of you op. just change the locks today, (you lost your keys is anyone asks) then get the legal route moving.

mammadiggingdeep · 17/09/2013 11:25

I know you're right but it's against my nice nature......I know how that sounds but it's just not in me.......I'm a goody two shoes at heart and this will be the biggest stand I've ever taken against anybody.,......I know you're right.

OP posts:
cestlavielife · 17/09/2013 12:24

you need to sort out finances.

you need to calculate base don his nicome what is the right amoutn of child maintenance? ie the amount he paying for mortgage interst may or may not be included in that. you could say if you occupying the house then you should pay all the mortgage interest yourself. - but then there is his child maintenance to factor in.

go to solicitors/mediation and draw up a financial separation agreement. who will pay what. (frineds of mine did this as they werent married when seprated wer able to get things written down clealry) - this could also agre timeline for sale and who gets what from the sale etc - eg do you need more than 50 % of equity to buy some place for the dc? or will they live half time with him? etc

also have you sorted out contact with the DC? how much when where ?

get it allw ritten and agreed in a plan

www.cafcass.gov.uk/PDF/FINAL%20web%20version%20251108.pdf

zipzap · 17/09/2013 12:31

Try posting this in the Legal section on MN - there are some very helpful people on there that might be able to steer you in the right direction before you manage to speak to a solicitor and to help with asking the solicitor the right questions.

foolonthehill · 17/09/2013 12:32

Legal advice needed....it may be his house, but it is not his habitual residence

When one spouse has moved out the former matrimonial home is no longer their home and it is actually quite difficult for them to move back if they change their mind. Owners' rights to occupy and access a property have to be balanced against the rights of the person living there to privacy and a family life in their home. It would be reasonable to agree any access at a mutually convenient time.

If he unreasonably uses force or intimidation it is a matter for the police and the court can make a non molestation/occupation order effectively giving you occupancy rights and barring your husband from coming to the house.

Pickturethis · 17/09/2013 12:39

I didn't think they were married.

mammadiggingdeep · 17/09/2013 12:54

We're not married, no.

Thanks for posts. the separation agreement is something that will be really helpful......I've left it all to goodwill and being fair and I think I need to get formal. I am fed up with this drama on my life.

OP posts:
PeterParkerSays · 17/09/2013 13:06

Slightly off thread, but there are so many "crap mil" threads on mumsnet, I'm cheered that your's is willing to stand up to her son's poor behaviour on your side.

cestlavielife · 17/09/2013 14:00

yeh if you can get it all written and agreed with timelines no need for court - also if you try to do this now eg maybe pay for a mediations ession then if you do end up in court some ground work wil have been done.... i've had to go down court route to sell joint owned property and its lengthy and expensive .

when you not married and not divorcing - you can still find a way tog et things written down properly

foolonthehill · 17/09/2013 14:26

sorry...not husband, partner...same advice though and good to have a formal agreement whatever especially if you find it difficult to enforce your (reasonable) boundaries with him.

Hissy · 17/09/2013 14:28

What about calling Shelter? They can advise on property law.

PoppyField · 17/09/2013 14:42

Get tough, get tough, get tough!

Well done mamma - keep digging in. Don't let him win. And well done exposing him to his mum and his brother. Shame on him!

mammadiggingdeep · 17/09/2013 19:57

FFS...... He was here when I got in. Could actually scream.

OP posts:
mammadiggingdeep · 17/09/2013 20:10

Anyone there??
I'm thinking to just ignore and not engage then change locks tomorrow, yes?

OP posts:
SweetSeraphim · 17/09/2013 20:16

Fucking hell. I really don't know how I would deal with this. I don't have any advice but I really feel for you Thanks