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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning, I hve an issue with my husband who left me and

Resolved Question:

Good morning, I hve an issue with my husband who left me and the children 7 months ago, and got the lady 3 weeks has come back treating the marital home like a hotel, sleeping on the sofa.i am going on holiday with my children next week and I am scared that he might not let us in when he comes back, can he do this? Also he's using threats towards me in front of my children. Can I get any sort of injunction out against him? He's also a drug and alcohol user. Also it is mental cruelty and stress and reasonable behaviour by leaving us. please could u advice me of what I can do. I just want him out and be able to sell the house but it is in his name but I have a notice on the land registry that he can't sell it unless he has my permission. Also he's threatening me with pictures I sent him of myself and messages during the first month after he left, can he use thes against me?Should I leave the house with my children to find a better new life? Please could I tell me what I can do.
I want to change the locks before I go on holiday as I don't want him to go through any of my things, could he stop paying the mortgage? Is this a good idea? Where do I stand if I leave the house with the children? Can he sell the house?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
How old are the children?
Is there a mortgage on the property, what other assets are there and what income do you each have?
Clare
Customer: replied 3 years ago.
My children are 11 and 13. The mortgage which is left is £38,000. I don't have any income as full time mum but he's a company director from his company snd claims to have a salary of at least £1,200-£1,500 a week
Customer: replied 3 years ago.
My ex has a plot of land half his mothers house his company
Expert:  Clare replied 3 years ago.
Hi
Where would the £100,000 have come from?
What threats has he made?
Clare
Customer: replied 3 years ago.
I would of borrowed from my parents and give it back when the house I sell the house at a later date. He's said that he wants me permanently gone and he will have the children also that he will stop giving me money and stop paying mortgage so they can repossess the house.
Expert:  Clare replied 3 years ago.
Hi
Just to check - you have the day to day care of the children ?
How often is your ex returning to the property?
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.
I have full care if the children and my x is at the property every day at the moment he will cum to sleep at whatever time he pleases and then sometimes stays all day and goes out at night and just harasses me while he's here. Did issue him with divorce letter in May 2014 and other letter advising to get a solicitor but he just tore the letters up in front of me.
Customer: replied 3 years ago.
I have full care if the children and my x is at the property every day at the moment he will cum to sleep at whatever time he pleases and then sometimes stays all day and goes out at night and just harasses me while he's here. Did issue him with divorce letter in May 2014 and other letter advising to get a solicitor but he just tore the letters up in front of me.
I am on holiday next week and going to restart divorce proceedings but can I sort out the financial side if divorce first?
Expert:  Clare replied 3 years ago.
HI
Have you actually issued a Divorce Petition
Clare
Customer: replied 3 years ago.
No just advising that I'm going to start divorce ptoceedings
Expert:  Clare replied 3 years ago.
Hi
Do you have a solicitor acting for you?
Clare
Customer: replied 3 years ago.
Well I of but I might change hom
Expert:  Clare replied 3 years ago.
Hi
How much would a three bedroom property in the same are cost to buy?
Clare
Customer: replied 3 years ago.
£350-£400,000
Expert:  Clare replied 3 years ago.
Hi
You have an absolute right to live in the property so long as you are married to your husband - and if he tries to exclude you when you return from holiday you can get a Court Order allowing you to return to the property and excluding your husband completely
before you go on holiday I suggest that you move all your personal papers elsewhere
The priority for the family court is the safe and secure housing of the children until they are 18 - so it is most likely that the court will allow you to remain in the property with the children (and without him) until then - when the house is sold you are likely to get at least 60% of the equity
You are also eligible for child maintenance at 20% of his gross income - and spouse maintenance as well.
As soon as you return from holiday you shoudl issue the Divorce proceedings - and offer to negotiate the financial issues with him using Family mediation
If he considers to be abusive within the property you can also discuss with your solicitor the possibility of applying for an Occupation Order excluding him from the property
Please ask if you need further details
Clare
Customer: replied 3 years ago.
My situation has escalated as he's been intimidating me and mentally harassing my until I could not take it any more and I started kicking him and ripping his shirt, this happened on Monday afternoon/evening then he constantly laughed at me and was taking a video and photos.just to say that he is 6 foot with a criminal record and I'm 5 foot. He finally called the police who came within minutes due to a call I made to them on Saturday morning after he threatened to drown me in our pond on Friday afternoon. So they questioned him and took him into custody, I have given statement and nothing else for the moment. I came on holiday with my children. Now scared to go back although he text my son that he's not allowed to go to the family home, but I font know for how long as another police officer gas taken over the case and is not on duty until Friday. He also txt my son that he said he will get 4 years in jail if he's found guilty of his threats that he wants be permanently gone/dead. I would like to know where I stand and what can I do. Thank you
Expert:  Clare replied 3 years ago.
Hi
Please do not let him provoke you to violence again.
On your return you shoudl apply to the court for an Occupation Order excluding him from the property as a result of his threats
Clare
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