I hope this helps and I wish you the best of luck.
Thanks and best wishes...
I do hope this helps and I wish you the best of luck.
have read through your further points, and my advice is as follows:-
You cannot get any court order relating to the flat or the assets overall until a divorce petition has been filed at court, so do that now. That is the first step you must take, in order to start the process to get a permanent resolution to everything. Your petition will be based on your wife's behaviour. I think you will start to feel a bit better when you have taken this step.
With regard to the abuse suffered, it is sufficient for you to apply for and be granted a non-molestation orders against both your wife and your daughters, and possibly an occupation order against your wife – but I would query whether tactically that is a sensible step to take.
Both of these orders (under the Family Law Act 1996) are designed to be emergency temporary measures against someone that you have a family connection with. A non-molestation order is an order that the named person is forbidden to threaten violence or be violent to or otherwise harass another named person. Breach of the order is a criminal offence. You apply on Form FLA401
with a statement and draft order. The court will give you a hearing date very quickly. If court agrees you have made out your case but then your wife/daughters do not agree to accept the order or offer undertakings, a much longer contested hearing would be set up to hear oral evidence from both sides.
An occupation order is applied for on the same form. The purpose of an occupation order is to suspend temporarily someone's property rights – ie an order that someone leaves a property that they otherwise have a legal right to live in. It is therefore more draconian that a non-molestation order. The court would consider the harm to the applicant if the respondent stays in the property versus the harm to the respondent if they are forced to leave.
If you apply for either of these orders, the court will require you to file your divorce petition at court within eg 14 days, because it is only within divorce proceedings that a permanent solution to all the issues will be achieved (eg who lives in the flat, who is to own the flat, whether or not it should be sold, if so, how the net sale proceeds should be divided, whether other assets should be divided and if so how).
Your wife has property rights in relation to the flat a) because she is named on the title deeds and b) as a spouse. Your daughters do not have property rights in relation to the flat – they live there as guests on licence. If the flat was in your sole name, you could ask them to leave and if they refused, you could get a court order to evict them – but your wife as joint owner is entitled to give them permission to stay.
Your property rights in the flat as a spouse and because you are named on the title deeds are not affected by whether or not you are actually living in the property.
Your chances of getting a non-molestation order are greater than getting an occupation order (because the court is reluctant to make someone leave their home at short notice) – but if you don't get an occupation order then you are still living in the same flat with the 3 of them. You would need to report any breaches of a non-molestation order or occupation order to the police for the orders to have any effect, if not complied with
You could move out FIRST and THEN apply for non-molestation orders and occupation orders – that would make it more bearable. In that scenario, if the court grants the occupation order, you could move back to the flat when she has left as per the court order – but I am not sure whether she (as the joint owner) can continue to allow the girls to stay there even if the court has ordered her to leave.
Otherwise, I think the best course of action for you is to move out anyway. If you want, you could give her written warning eg a month – so that she can be aware that once you have left, she will have to pay the mortgage if she doesn't want it to get into arrears. You will still be liable for the mortgage (and arrears) as it is in joint names – but for your sanity, it might be better to rent somewhere, file your divorce petition at court, and immediately make your claim for a financial order within the divorce proceedings. Once you have moved out (or even before) inform the building society that you & your wife are divorcing, and ask for a payment holiday (for say, 6 months) or at least a period of interest-only payments, to allow time for the court to make a final order re all the assets, or for you and your wife to reach a settlement.
I suggest you stop bartering now, file your divorce petition at court, find somewhere to rent, apply to court for a financial order within the divorce. One set of court proceedings to deal with the assets of the marriage will be enough stress without also an application to court for a non-molestation order and/occupation order. You can't tell your adult daughters who to live with. And go and see a solicitor! http://www.resolution.org.uk/findamember/
I really do hope this helps!
Very best wishes....