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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my husband is verbally, emotionally and sometimes physically

Customer Question

my husband is verbally, emotionally and sometimes physically abusing me, he is trying to make me look like the one who is mad and I have now asked him to leave my house. my house was left to me by my late father, I now have a mortgage but my husband does not contribute to that or to any of the household bills, they are all in my name. How can I get him to leave as he says he has no where to go and then hopes eventually I will give in and let him stay. we have two small daughters.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
How old are the children and who has their day to day care?
Claire
Customer: replied 3 years ago.

Hi house is worth about £300,000, mortgage is for £84,000


We have two other houses that we rent out, one is my husbands house where he lived before we met and the other is what we bought when together. We both work full time, he is a part time paramedic and a self employed electrician so not sure of his income. My monthly take home is about £1500. Eldest daughter is nearly 6 youngest is 20 months. Eldest is at school or holiday club and youngest is at nursery Monday to Thursday, I do not work on a Friday so look after her then.

Expert:  Clare replied 3 years ago.
Hi
How much are the other properties worth and how much is outstanding on their mortgages?
Are you willing to consider a divorce?
Claire
Customer: replied 3 years ago.

Hi I think the other properties are worth about £130,000 each and not sure how much is outstanding on their mortgages as that is something my husband looks after. I am not bothered about those properties, I am just concerned about my family home that my late Father left me, this is where we all live at present.


I am willing to consider a divorce.

Expert:  Clare replied 3 years ago.
Hi
You will not be able to force your husband to leave unless there is a Court Order - either because of his physical violence or as part of the Financial side of Divorce Proceedings.
There is little doubt that you would indeed be able to remain in your current home - with your ex receiving the other two properties
The next time he is physically abusive then you MUST report it to the Police - and also apply to the court for an order excluding him from the property.
In the mean time you can start the divorce proceedings - and offer to discuss the financial issues with your ex using Family Mediation (www,familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.

Hi Claire


 


Sorry confused by the sentence, there is little doubt... are you saying that I will be able to stay in my family home or that I will not.


 

Expert:  Clare replied 3 years ago.
Hi
I would expect that you WOULD be able to remain in your home
Claire
Customer: replied 3 years ago.


Thank you. How long does it take to get a court order?

Expert:  Clare replied 3 years ago.
Hi
Has there been any physical violence against you?
Claire
Customer: replied 3 years ago.

Yes in the past

Expert:  Clare replied 3 years ago.
Hi
When was the last incidence?
Claire
Customer: replied 3 years ago.


I cannot remember the last time he hurt me, been it was this year, however, last weekend his behaviour was unacceptable towards me and in front of my best friend and her children.

Expert:  Clare replied 3 years ago.
Hi
Have you ever reported an assault by him?
Have you started divorce proceedings yet?
Claire

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