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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 863
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband and i have recently seperated due to the fact i

Resolved Question:

my husband and i have recently seperated due to the fact i was fed up with him drinking and smoking canibis everynight for the last two years, he is refusing to leave our home till a finacial order is in place, his name isnt on the mortgage or the deeds, i have multiple scerosis and our seven year old son has autisim and living together is unbearable, can i get a court order asking him to leave our home before financial settlement is in place. Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am very sorry to hear about the difficuties that you are experiencing with your husband.

Please may I ask;

- how long have you been married?

- is your husband working? does he have the means to be able to pay for rent on another property?

- has he acted abusively or aggressively towards you?

Kind Regards

Caroline

Customer: replied 1 year ago.
Hi Caroline, We have been married for seven years this September, he is self employed, i am unemployed due to my m.s< he was paying £1600.00 into my personel bank account to cover bills, food ect, but now says he is only going to pay a third of that while he is still living here, and no he hasnt been aggressive towards me just verbally at times, calling me and my 21 year old daughter c***s.
Customer: replied 1 year ago.
He came home drunk about three weeks ago and demanded his van keys as i had to move his work van so my daughter could park her car on the drive, he then proceeded to throw the contents of our hallway cubboard draw around the hall which resulted in me having bruises on my arm from trying to stop him, our son was upstairs at the time and came down crying because of all the shouting.
Customer: replied 1 year ago.
I also have a hospital report of his stating that he has chronic alcholism
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Please accept my sincere apologies for my delay in responding to you.

I do hope that you are ok as it sounds like you are going through a terrible time.

Please can I ask did you report the incident from 3 weeks ago to the police? have you already started divorce proceedings?

kindest regards

Caroline

Customer: replied 1 year ago.
Hi Caroline, no u didn't report it to the police as he said he was moving out as soon as possible and I took him for his word that he was finding somewhere else to live, and that's all I wanted while we sorted settlement he wanted out, I haven't started divorce proceedings yet as I have no money to do so!! I have however received a letter from his solicitors stating that he was going to divorce me due to my unreasonable behaviour i.e I have stopped cooking and doing his washing now, but I have not heard anymore off them as he hasn't instructed them to go ahead, because he knows he hasn't a leg to stand on
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your reply.

I am very sorry for my late responses as I've had a sickness bug.

Given what you have said about your husband being emotionally and also physically abusive towards you - I want you to explore getting legal aid so that a solicitor can help you in respect of divorce, dealing with the finances and also looking at applying for an occupation order to to prevent your husband from returning to the property whilst these issues are sorted.

The first thing you are going to need to do to get legal aid is obtain domestic violence evidence. There are only specificpieces of evidence that the legal aid will accept. Take these template letters to your GP. Explain what your husband is putting you through.

Your GP just needs to complete either / or of the letters - and when they do - take this letter to a family solicitor in your area so that they can assess your means for legal help.

https://www.gov.uk/government/publications/give-proof-of-a-referral-to-a-domestic-violence-specialist-support-service

https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence

This link will help you assess your financial eligibility for legal aid:

https://www.gov.uk/check-legal-aid

You should also contact a local domestic violence support group in your area. The support they offer is amazing - from a chat to cooking groups with ladies who have also been in similar situations. You are not alone.

Do let me know if I can help you further.

kindest regards

Caroline

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Customer: replied 1 year ago.
Thankyou Caroline for replying even though you have been unwell, I will take your advice and see how I get on, hopefully I can get a occupation order, I hope you are feeling better soon, kind regards Jo
Expert:  ukfamilysolicitor replied 1 year ago.

Bless you Jo

thinking of me in your hour of need

do let me know if I can help you further

kindest regards

Caroline

x

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