DH won't leave

[SeamusMacDubh]

Long back story, things and to a head (again) tonight. I told him to leave, he swore at me at told me it was his house and he wasn't leaving. I told him it's my house too and he needs to leave [both our names are on the mortgage].

Left it while I put the DC to bed and did chores. Went into the spare room where he has put himself, asked him to leave. Told him I think we should separate and he should move out. He said he won't. I said I can't (DC) and that he needs to leave and find somewhere temporary. He said he's not leaving, that we need to sell the house and separate properly and then he'll leave. I told him he can't force the DC out of their home and he can't make me sell the house.

What do I do now? I don't want him here. The atmosphere is going to be awful and the DC aren't stupid, they will pick up on stuff, especially DS who is 3. I just want H to leave and stay somewhere else.

*things came to a head

Push for a quick sale and move out + on. . Dc are very resilient -
Before it gets nasty and they do suffer.

Get legal advice but yes he may well be able to get the house sold unless you pay him out. Agree get a quick sale

What am I supposed to do for housing? I don't work, I'm a SAHM, no one would give me a mortgage and renting is more expensive.

No.... get legal advise

I think he has to continue to let you live in your home

Don't let your ill feelings for DH get in the way of reason. He's in the spare room, keep the peace and muddle through for now.

Unless he has been violent, in which case you can have him forcibly removed.

You need legal advice OP. Maybe you should also start looking for a job, you'll need to work if you want to split up.

You may be able to apply for an occupancy order/mesher order? Not sure if the correct terminology. Consult a solicitor asap about your rights. Sounds awful hope things resolve. What caused the marriage to break down?

You can't make him leave unfortunately, as he has the right to be there.

If he left he'd still have to pay the mortgage and for additional accommodation. How much would be left to provide for you and the DC if he did that right now.

His behaviour towards you is unacceptable, but you need to go the formal route and end it. Let him stay in the spare room and you are right to end this relationship, as he has no respect or regard for you. Keep firm on the decision to end it. You deserve better than that.

I have been muddling through, carrying on and biding my time. I wouldn't have asked him to leave this evening if he hadn't been shouting and swearing in my face, clenching his fists to prevent himself from being violent with me. All in front of the DC. I just wanted him to leave and go out for a few hours but he wouldn't leave and it escalated and now this is where we are. I was happy enough biding my time and waiting. I'm planning on going back to work one day a week from October, I was going to build up my work slowly as the DC got older and went to preschool/school and then ask him for a divorce. He is awful to live with but I was doing my bit and trying to keep things "normal" for the DC. He's just too selfish and ignorant to do the same.

If you feel his behaviour is dangerous to yourself and DC, get an injunction.

Has he got any family nearby that he could go to?

I agree.. sell and split. He has the legal right to stay.

Sometimes councils will help with 6 months rent while you find another house . If you aren't working you surely can't expect him to pay the full mortgage and bills on the same house and house himself . That just isn't fair even if he is an arse !!

Imagine not leaving your home just because someone else has told you to