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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have left my husband four months ago but find it increasingly

Resolved Question:

I have left my husband four months ago but find it increasingly hard too be a way from our children I still have them while he is at work and two nights a week, but there mental health is becoming badly affected, can I move back in the family home and get him too move out
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Have you divorced your husband?-How old are your children?-Is the home in joint names, or either of your sole names?-What was the reason for you leaving the home?-What other assets do you both have?-What are your respective income positions?-Are there any court orders in place?
Customer: replied 1 year ago.
we haven't divorced yet, my daughter is 13 and my son 12, yes the home is jointly own although I bought it before I met him, he has hit me in the past and I feared he would again, we just hav the possesions in the house together, he is the sole income earner and no there are no court orders in place
Customer: replied 1 year ago.
my son is 11 sorry
Customer: replied 1 year ago.
so what do you think?
Customer: replied 1 year ago.
please help me I am on job seekers allowance but do have the means to keep up with the running costs of the house, all I want is to have a safe environment for my children to grow up in, he does nothing with them when he does have them and they have both said they want to live with me instead but I cant have them with me as I am sofa hoping at the moment
Expert:  Harris replied 1 year ago.
Thank you. As you are married you have a right to occupy the former marital home unless there is a court order excluding you from the property - so legally you can give your husband notice and return.If you wish to remove him from the property you need to apply to court for an occupation order (under Form FL401) to your local family court. You will need to prove to the court that it is in your interest, and the children's interests for him to be removed and for you to remain in the property and that he will be able to maintain himself in the property. To be honest, this may be difficult depending on how long you have been out of the property.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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