Can I stop husband being in marital home

[Ineedadvicepleasesorry]

I've asked husband to leave
Can I 'kick him out' of a marital home?

The solicitor (free half hour) wasn't very clear.

Not if it’s his house too, no more than he could kick you out.
if it’s not his house, different matter.

No. Not unless he is threatening you or assaulting you or behaving very erratically eg throwing plates

Depends is the mortage in both names?

If it is the marital home, then it is his house too.

With an occupation order you could but you'd need to evidence abuse to have one granted.
How would you feel about your husband posing the question can I kick my wife out of the marital home.

No, it’s not just your house to kick him out of.

No, unless he has been violent towards you or engaging in itger behavioyr that is causing harm, and a judge has ordered he stay away.

Presumably you'll also saunter out the door without any push back if he asks you to leave.

So only if he is physically abusive?
What about mental and emotional abuse?

You could ask the police to remove him or about a non-molestation order, if he's emotionally abusing you.
It is your home and his home, equally, and a marital asset.

So what happens if he refuses to contribute to the mortgage and bills?

You'll need to pay them while the divorce is processing, then see a solicitor about whether him not paying will reduce his share of the house sale money. Will you be buying him out of the property?

I don't know what will happen tbh

I'm a bit lost in it all

I don't feel he is safe to be around the kids, but can't stop him picking them up.

Hes currently staying away but I don't know how long that will be for.

Have you reported the abuse to police OP? If not, then you can’t have him removed just on your say so.

You also can’t expect him to leave but also continue to fund the household, you’d need to either pay yourself or leave with the children and go elsewhere.

What makes you think he’s a danger to his kids? You can’t throw him out, just as he can’t throw you out.

He is abusing drugs and alcohol

I have reason to believe he has collected the children under the influence too

Tell the police and the school safeguarding you think he is collecting the kids under the influence….. see a paid lawyer it is worth the money

You cannot kick him out just because you feel like you’d like to.

If he’s abusing substances around the kids: you are better off having him in the home aren’t you? If he left you’d have to supervise the kids so you just need to be home whenever the kids are home and not leaving him in charge of them. And same for drop offs and pick ups.

Gather your evidence and then report him to police and SS.

if he leaves you’d need to get social services/court assessment to determine he’s abusing alcohol and drugs and can only have supervised contact with the kids. Otherwise you will just have him looking after the kids without you there while he’s high to drunk. Not ideal.

He is abusing drugs and alcohol

I have reason to believe he has collected the children under the influence too

I think you need to speak with a solicitor.

Then speak to the school (HT) and the police

You need to report him to him to police and social services ASAP. X

Collected from where? Social services will tell you it's your responsibility to protect your kids by not allowing them to be driven by someone under the influence. They'll also tell you that a parent who uses drugs and alcohol is not necessarily putting the children at risk. That's my experience anyway.

Collected from childcare

You could start a new thread with all the information you've added to this thread, although there's nothing more anyone can add.
No one can boot their spouse out of their property, while he's out, he probably shouldn't be paying your mortgage and bills, if he's committing criminal offences report him to the police.
You'll need to pay a solicitor and start the divorce -this can be done online.