How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Family Law Question Here...
Stuart J is online now

can my wife force me out the home

Customer Question

my wife wants a divorce and wants me to move out, can she get a court order to force me out the house

Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Are both names on the deeds to the house?
Customer: replied 3 years ago.

My wife pays the mortgage and i pay other bills, i think the mortgage is her name, my worries are a year ago after an argument she decided to call the police and have me removed from the house, obviously without a charge as nothing actually happened, and i was aloud back home.

we agreed to give it another try.

the worry now is she has asked me to move out and i cant affoed that yet, and she knows that but she may use the previous police call as a leaver to get me removed via a court order.

would this be possible?


Expert:  Stuart J replied 3 years ago.

When was this last Police incident?

Was there violence even though the Police dropped it?

Customer: replied 3 years ago.

last may 2012, there was an acusation of a threat that i used cutlery knife to point at her during an argument that was then looked at as a threat.

but it was dropped as it was my word against hers, and we went on to do another year almost together hassle free.

the acusation and the police call was a way to end the argument. it obviously worked.

but as before this could be used again..


Expert:  Stuart J replied 3 years ago.

Assuming that she is not going to lie through her teeth,
she is unable to use the incident from a year ago in order to get a
non-molestation and/or an occupation order now.

The court would have to believe that there had been
violence or that there was a serious threat of violence before granting such an

Can I help further?

Please bear with me today because I will be online and

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open for us to continue this exchange

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22388
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks very much

Expert:  Stuart J replied 3 years ago.

Glad to help. I hope you get sorted.


Customer: replied 3 years ago.
Can my wife refuse to sell the house? She is saying that her advice is she dosent need to sell until her daughter is 18, even though she isn't my child nor do I financially support her child as her biological farther pays maintanance
Expert:  Stuart J replied 3 years ago.

How old is the child?

How long were you married for?

How long together before married?

What is the house worth?

What did you each put in?

What mortgage outstanding?

Customer: replied 3 years ago.
Her daughter is 15 years old and receives monthly maintanance.
We both contributed to the deposit of 64k.
With the substantial work I did over 3 years the value has increased and the value is at around 80k of equity..
We will have been married 3 years come August.
We were together 5 years.
At the moment I still live in the house.
She is the director of the business that I run, she has stopped all operations so I have now no income.
I may be entitled to legal aid.
She wants me to take over the business as the settlement, but over the last 12 months has used monies from the business so it's accurred debt and is now worth very little, it would be salvageable but I would still have the problem of no where to live during the year it would take to salvage an overspending company.
As I have told her I need somewhere to live.. Not just a job..
Her reply was she Dosnt need to sell the house because of her dependent child..
So I have no choice but to become homeless.
Expert:  Stuart J replied 3 years ago.

Aid ends in April for all family except abduction and violence so don't bank on
that. Value of house? Mortgage

Customer: replied 3 years ago.
£160k mortgage
62k deposit..
Value £250k
Equity £88k
This is approx as may sell for less than market value
Expert:  Stuart J replied 3 years ago.
I am going to refer this to a colleague and will opt out. No need for you to do anything. The thread remains open.
Expert:  Clare replied 3 years ago.
What income do you each have and how much does a two bedroom property in the same general area cost?
Customer: replied 3 years ago.
2 bed cost £160k
She earns 35k
I earn less than 20k but have not been paid in 3 months as I said she owns company..
Expert:  Clare replied 3 years ago.
Best guess at her mortgage capacity?

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Kasare



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • face July 2011.64x64.jpg UKfamsol's Avatar


    Family Solicitor

    Satisfied Customers:

    Very experienced specialist family law solicitor, qualifed in 1994
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)