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Relationships

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

Can he legally stay?

7 replies

Unsure4567 · 12/09/2024 21:06

I have been in purchased property a year. My husband is not on the mortgage and we where not married at the time I got the property. Things have been on edge where he has been asked too leave my home and has refused. I will not go into detail on this. I am wondering what the legal stance is if he can stay? What can I do too protect myself and my home?

OP posts:
RandomMess · 12/09/2024 21:08

It's a marital property, if his behaviour is unreasonable you can apply for an occupation order.

How long did you cohabit for prior to marriage?

Unsure4567 · 12/09/2024 21:10

He was still in his property as he was selling it. He moved in around months later. He does not contribute too bills and has refused too.

OP posts:
ForKeenLimeOtter · 12/09/2024 21:13

Try and think of it the other way round, if he had bought the house and suddenly didn't want you there would you be happy being homeless before the divorce/financial arrangements were sorted?

There might be occasions when that could be different for whatever reason but you don't go into detail but basically, if you're married you can't just eject your partner (without very good reason)!

newtlover · 12/09/2024 21:14

https://www.ncdv.org.uk/domestic-abuse-violence-protection-orders/
if there has been abuse you should be able to get an occupation order

  • remember abuse does not have to be physical, it can be mental, emotional, financial

you could then divorce him- in the situation you describe I can't see why a court would grant him any rights over your property which he has contributed nothing to

domestic abuse protection orders

Domestic Abuse Protection Orders · Information Guide · NCDV

The legal system provides a variety of measures to provide domestic abuse & violence protection, avoiding further abuse, including the threat of more violence.

https://www.ncdv.org.uk/domestic-abuse-violence-protection-orders

Mrsttcno1 · 12/09/2024 21:15

ForKeenLimeOtter · 12/09/2024 21:13

Try and think of it the other way round, if he had bought the house and suddenly didn't want you there would you be happy being homeless before the divorce/financial arrangements were sorted?

There might be occasions when that could be different for whatever reason but you don't go into detail but basically, if you're married you can't just eject your partner (without very good reason)!

Yeah this basically.

If there has been abuse though then you should be able to get an Occupation Order.

RandomMess · 12/09/2024 21:19

Good news on divorcing if you haven't lived together long he's unlikely to get anything.

Sounds like financial abuse though so worth phoning Rights of Women to ask about grounds for an occupation order.

millymollymoomoo · 12/09/2024 22:40

He can also register home rights to stop you selling it.
You need to divorce him and agree financial settlement and as others said get occupation order in the meantime if it’s valid

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