Moving out from abusive partner and legal rights

[Lena007]

I'm planning to move out with DS to escape abuser. He knows I will be moving out but doesn't know when.

Is it legal to take some furniture with me? (Sofa bed, TV stand and table and chairs, the rest of it I can leave behind). 4 bedroom house fully furnished. He says I'm not allowed to take anything except of personal possessions like clothes/shoes. Everything else is joined therefore because I voluntarily leave the house, it has to stay in it until we divorce. I just want a few basics for a start so I won't have to buy it all again. He is not willing to sell the house and is planning to rent bedrooms when I'm gone. The house is jointly owned still on mortgage. Can he do this when I object?

I'm scared that I won't be allowed to be back in the house and won't see everything left there ever again.

I'm so lost.

How are you both doing @Lena007?

Stbxh got an interim child residence until the court hearing on 24th.
My solicitor said it doesn't really matter because what matters is the actual residence which is going to be considered in two weeks time.
I'm gutted. Yes it maybe doesn't matter to him but it matters to DS and me!
The solicitor I've been dealing with from the start is back form holidays now and I've requested she takes over because I'm worried what the outcome of the court hearing is going to be now.

Stbxh applied for interim child residence whereas we have applied for all sorts of stuff including divorce, selling the property, division of assets. His application was an hour earlier than mine and apparently that's the reason why he got it.

I have no idea how the court hearing is going to look like, I'm gutted it took them so many days despite me speaking to them everyday and stressing about the emergency of the situation.

That’s awful OP!
I’d definitely leave the blame for that at your solicitors door. They had plenty of time to apply for the interim order but dragging their feet has cost you. So, that will be roughly a month that your son has been living with his dad? Be aware that some courts consider this the status quo and will make his residency there and just give you contact. Hopefully not, but be prepared for that to happen.
I really wish you well.

I'm so sorry to read this. Hope you are still able to see your son and things get sorted out quickly.

Thanks 💐
I'm able to see him but stbxh won't let me to take him away, even for a walk. Only allows me to see DS in the house where I am being followed by either him or his mother all the time.

I'm on a hunt for a new solicitor today. Not sure if this is a good step but that's the only thing I can do at the moment. After what has happened I've lost the trust in mine. I thought if the solicitor was recommended by Women's Aid, surely they know what to do in similar situations.

It all seems like a bad dream, so unreal.

So sorry to hear this latest development - I honestly think that I would move back in until the house is sold. If it's joint ownership you have every right, you can call police if he is violent towards you and can have him removed.