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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Dear Sirs, I have lived with my husband for 13 years. For

Resolved Question:

Dear Sirs,

I have lived with my husband for 13 years. For the past 6 years we have been living like strangers, barely talking and sleeping in separate rooms. As we are sharing a double room flat, I am sleeping with my 12 years old son in the same bed and he is sleeping in the next room. He is not at speaking terms with our son either and my son is not considering him as his father.

I am paying most of the bills including the rent and also I am paying for all expenses including food, my son's school travel, lunch and clothing.

Could you please advise me on what steps to take to remove him from the premises?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
Are you willing to start Divorce proceedings?
Clare
Customer: replied 3 years ago.

I would like first to take him out of the house.

Expert:  Clare replied 3 years ago.
Hi
Is there any violence involved?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


There is no violence involved, as he knows that this the way to be out of the house. He is not doing any chores involving keeping the house in livable condition - keeping his room tidy, washing his dishes, doing his laundry, doing his shopping, etc.


We are renting the property from a House Association and I cannot afford leave the house with my son.

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that since this is the matrimonial home and there is no violence the most effective way to force him to leave is by way of a Transfer of Tenancy within the financial side of Divorce Proceedings
I appreciate that this is not the way round that you wished to do it - but it is the one that is guaranteed to give the result that you need.
You clearly have grounds to start a divorce based on his Unreasonable Behaviour - and once that is underway you can ask for the financial issues to be dealt with and for the court to order the transfer of the tenancy into your name
You can try and negotiate with him using Family mediation (www.familymediationhelpline.co.uk) but I suspect that until the Petition is issued he will continue to assume everything will carry on as normal.
Please do not delay too long before you act - you strongest case to have the tenancy is the fact that your son is under 18.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you