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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi can anyone help, Clare is not an swearing to me.,..I want

Resolved Question:

Hi can anyone help, Clare is not an swearing to me.,..I want to divorce my husband, we been married for 2 years, living together for 10 and in relationship for 15 years, we don't have children together, I have daughter from previous relationship she is 17.

My husband in past was arrested on few occasions for attacking me, 2 months ago was last time of his arrest for violent behaviour smashing my mobile and iPad, 2 days ago he was abusive verbally and showing again sign of aggression towards me and I must admit I am worried when is going to be next outburst.

Can I keep him out of the house until divorce? House is in his solo name, and if I can what will be procedure?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question which I have read
How much is the house worth and how much is outstanding on the mortgage
What other assets and debts are there and what income do you each have?
What other accommodation options does your husband have (friends relatives etc)
Clare
Customer: replied 3 years ago.
He is worth £1.3 millions and £200k mortgage on one of the property he is renting out, I have 2 properties worth £600k and outstanding mortgage of £400k, ...he has family, friends and his own properties where he could stay. He actually did say on few occasions he will kill me if he see me with anyone, another man
Expert:  Clare replied 3 years ago.
Hi
Is there any reason why you could not move to one of your properties?
Clare
Customer: replied 3 years ago.
I don't understand why I have to move out, my properties are rented out...I moved out last year, and he promised next time if is problem he will be the one to move out
Expert:  Clare replied 3 years ago.
Hi
If you wish to apply for what is called an Occupation Order ensuring he cannot return to the house as a result of his violence then not only do you have to prove he is a risk to you (which I believe you can given the history of the relationship) but you also have to prove that it is easy enough for HIM to rehouse himself - and more reasonable for you to stay.
So if your properties were not rented out - or were due to fall empty soon - your ex could argue to the court that YOU should move out.
HOWEVER since they are on long term lets you have an excellent chance of success
You can read more here
http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002
Clare
Customer: replied 3 years ago.
He said if I have him arrested again or take any legal actions he will have me arrested and he is very convincing at telling stories, is that possible?
Expert:  Clare replied 3 years ago.
HI
Given the history that you detail - no!
Clare
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