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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33957
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 wants me to leave our marital home as soon as possible.

Customer Question

My husband wants me to leave our marital home as soon as possible. I don't know where to start. What are my rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
Who owns the property and why are you the one who has to leave?
Clare
Customer: replied 2 years ago.

Clare

We have lived together years this year. There are no children involved. We both own the property and he demands that I leave because he wants to as he says 'have his life back' - difficult to have a decent discussion or conversation with him.

Sophie

Expert:  Clare replied 2 years ago.

How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are what income do you each have?
Why should you be the one to leave?
Clare
Customer: replied 2 years ago.

i'm not completely sure how much this property is worth but i know the amount outstanding is 137k (interest only mortgage). Assets - husband has his car (i do not drive). Debts - I have about 5k in credit cards. Husband has a debt of about 15k. Incomes of us 42k husband and 40k . There is no particular reason to go, I pay all the bills. Our relationship after 30 years in our case has gone. Cant see a recovery as he gets very angry.

Sophie

Expert:  Clare replied 2 years ago.

Have you suggested that your ex moves out?
Best guess on the value of the property - and is it going to be put on the market
Clare
Customer: replied 2 years ago.

I have suggested that but he moves out but he won't hear of it.

Best guess would be 230k (a maisonette quite big with quite a big garden). He will not put it on the market.

Sophie

Expert:  Clare replied 2 years ago.

Have divorce proceedings been started yet?
Clare
Customer: replied 2 years ago.

No but I have suggested a separation agreement but unable to discuss as he becomes angry and aggressive

Expert:  Clare replied 2 years ago.

Has he threatened you with physical violence at all?
Clare
Customer: replied 2 years ago.

He has so unable to have a decent discussion

Sophie

Expert:  Clare replied 2 years ago.

May ask - has he ever actually used violence - if so when was the last incident?
Clare
Customer: replied 2 years ago.

The last time was 2012

Sophie

Expert:  Clare replied 2 years ago.

Have you ever reported the violence to the police?
Has he made any threats of violence within the last six months
Clare
Customer: replied 2 years ago.

No I didn't report it.

No violence in the last 6 months

Sophie

Expert:  Clare replied 2 years ago.

You do not have to leave the property unless you wish to do so.
If your ex continues to threaten you in any way then you may need to consider applying non molestation Order and you can read more here
http://www.ncdv.org.uk/are-you-suffering-domestic-abuse/how-the-law-can-protect-you/
In terms of what you do next you should offer to discuss matters with him using Family mediation
www.familymediationhelpline.co.uk
so that you can agree between you what should happen to the house.
At the same time you should consider issuing a Divorce Petition based on his Unreasonable Behaviour
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33957
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks your help - much appreciated. Hoping things would get better but I know my husband will not seek mediation. He is now being intimidating and threatening towards me wanting me out of the marital house but in a very scary manner. Not sure what to do.

Expert:  Clare replied 2 years ago.

Start the divorce as soon as possible and make it clear to your husband that if he continues to threaten you then you will apply to the courts non molestation order
Clare

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