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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33499
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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I am 45 and my husband 42. We live in a house owned by my parents

Resolved Question:

I am 45 and my husband 42. We live in a house owned by my parents and pay them monthly rent from my husbands salary. we have been married 18 months and its clear that this marriage is not working. My husband does not want any physical intimate contactat all, does nothing except sit on sofa watching sport, not interested in family or my grandchildren. I work but don't earn as much as him, he now wants me to give him £100 each week and I have found out he is gambling and lying to me. I feel used and devastated that he has treated me like this, think he just wanted somewhere to live and thinks he has got the right to stay as the rent comes from his account. HELP can I get him out please tell me what I can do. He has destroyed the love I had for him .Can I get this marriage annulled? can I ask him to leave ? Melanie
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you actually lived together and are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.

Thank you for your response. We met and started to live together in my


rented flat about 2 years ago. We were very happy although my husband


was affectionate , that's really as far as it went. Because we seemed so compatable Im afraid I put the lack of physical intimacy to the back of my mind, thinking that he was maybe a bit 'old fashioned' and it would be all ok after we were married. We had a wonderful wedding [paid for by his parents] but nothing changed. He then lost his job and had a period of time off sick and financially we were in trouble , so my parents moved into their holiday home and we now rent their house , my 24 year old daughter lives there as well in a separate annex.


My husband was all for it . Now he gambles, lies, does absolutely


nothing else, not even empty the rubbish. He has no work ethic whatsoever. I am working as much as I can. I would be willing to start divorce proceedings as he refuses to discuss this with me at all. I need to know that I will be ok to stay in the house and what rights he has.


I am devastated by all this and heartbroken. Melanie

Expert:  Clare replied 2 years ago.
Hi
Where was he living before he moved in with you?
Clare
Customer: replied 2 years ago.

When we met, he was living in a shared private rented flat, he left there to move into my flat with me. This is the third time he has been married


and he has 2 grown up children that he has no contact with . Melanie

Expert:  Clare replied 2 years ago.
Hi
Is the rental agreement in joint names?
Clare
Customer: replied 2 years ago.

when we lived together in my flat we put him on the tenancy agreement,


but now we live in my family house where I grew up, which belongs to my parents, we don't have a formal set up, we pay enough to cover the bills and insurance etc. Melanie

Expert:  Clare replied 2 years ago.
Hi
For clarity - you are not currently paying rent to your parents at all?
Clare
Customer: replied 2 years ago.

we pay a payment eack month to my parents that covers the bills , not a market rent, very informal

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you cannot annul the marriage - but you can apply for a divorce base don his Unreasonable behaviour
Your husband is entitled to remain in the property so long as you are married as it is the Marital Home.
Once you are no longer married then it is unlikely that the court will award him the right to remain there
and he will have to leave
You can negotiate the details with him using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your reply,


Why can the marriage not be annulled if it has not been consummated ?


Melanie

Expert:  Clare replied 2 years ago.
Hi
It is a requirement that he the failure to consummate has been "wilful" and is difficult to prove without the agreement of the other party.
On that basis a Divorce based on his Unreasonable behaviour is a better option
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33499
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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