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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33315
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good evening, wondering if you could help with my query? My

Customer Question

Good evening, wondering if you could help with my query? My mother has been married to her husband for the last 4 years and for the last 3 years has been suffering domestic abuse at the hands of him. She 100% owns her house outright and he pays her an amount each month to cover bills. Please could you advise on how difficult it would be to have him removed from the property?

Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
When was the last incidence of violence and has she ever reported the abuse to the police?
Clare
Customer: replied 2 years ago.
It's not physical abuse, it's emotional abuse. Over the weekend, the police became involved however as no criminal act has been carried out as yet, they were not able to do anything however they are fully aware of the situation. My mums husband is refusing point blank to leave my mother house. Thanks
Expert:  Clare replied 2 years ago.
Hi
is your mother willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.
Yes she would be. The concern is that whilst proceedings are taking place, he would still be living in the property which would be a worse situation for my mother. The priority is to remove him from the property ASAP. Thanks
Expert:  Clare replied 2 years ago.
Hi
I am afraid that in the absence of physical violence your mother will not be able to get an order excluding him from the matrimonial home
The only way forward is to start the divorce proceedings and within those issue an application for the Financial matters to be dealt with so that the settlement can be agreed - which will mean that he does have to leave
You could offer him a better financial deal that he would otherwise get if he leaves earlier, but I am afraid that these are the only options available
I am sorry to give such bad news - please ask if you need further details
Clare
Customer: replied 2 years ago.
Is this the case even though it is my mothers house which is owned outright and does not belong to her husband what so ever? If this is still the case, why is it so difficult to remove him? Thanks
Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid so.
It is the Matrimonial Home and her husband has the right to live there so long as they are married and there is no Order excluding him
Clare

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