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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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, What's the law when your husband asks you to move out?

Customer Question

Hello, What's the law when your husband asks you to move out? Thank you
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You do not have to move out of the family home if you do not want to. Even if your name is ***** ***** the deeds, you have every right to live in the marital home until conclusion of the divorce.

May I help further?
Customer: replied 2 years ago.

We agreed on having a divorce but I told him i won't move out of the house until we have the divorce agreement signed. He wants me to move before that. We cannot agree upon the share time with our son - he wants 50/50 - i think he is too young for this. We cannot agree upon other things but i cannot afford to go to the court with this case. I am not a English citizen, i have a job here but i have no family or friends to help me. I moved here one year ago because of his job.

I do not know what to do in this situation since he is asking me every day to move and he is very verbally aggressive and insistent.

Thank you.

Customer: replied 2 years ago.

One more question. I understand that if the divorce case involves more countries, the law that governs my divorce is not necessarily the law of the country where I can file for divorce. He is Canadian citizen. I am Romanian citizen. We live in UK since September 2013. I've never been to Canada. He has been in Romania many times - our marriage license was issued by Romanian authorities.

In this case which country law governs my divorce?

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
The divorce may be filed in England under English law as both of you have been habitually resident here for more than a year, so the English courts will have jurisdiction.

You do not need to move out until the divorce is finalised and if you feel threatened by him, you should call the police.

Hope it works out
Customer: replied 2 years ago.

Thanks. If i want to go back to Romania with our son is there any way he can force me to stay here? Or if he doesn't want me to leave but i want to leave - who can decide this for us? Court?

Expert:  UKSolicitorJA replied 2 years ago.
He may apply for a prohibited steps order if he doesn't want you to take the child to Romania.
Ideally you should seek his consent if you want to take the child to Romania, otherwise you could be accused of child abduction.
You would be free to go,,he cannot stop you, but the court can stop you taking the child with you.
All the best, ***** ***** feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I am a family law specialist
I will do my best to help you but I need some further information first.
How old is the child and how is his share currently shared between you
How much is the house worth and how much is outstanding on the mortgage?
Where will you live after you move out and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi,

The child will be 3 in June 2015. We are still living in the same house, i stayed home with my son till October 2014 when i started work again. Now i spend every minute free with my son, not going out without him, not doing anything which doesn't include him. My husband likes to go out pretty often and coming home really late. The house we are living in is not ours - is rented. His monthly net salary is about 3000 pounds or more. My net monthly salary is about 1300 pounds.

Persida

Expert:  Clare replied 2 years ago.
Hi
What settlement have you asked for?
Clare
Customer: replied 2 years ago.

Hi,

I asked for him to pay what the law says he should pay and i asked to be flexible with the time shared with the little one. The money don\t seem to be a problem so far in our discussions (even though knowing him might become a problem before the divorce is finalized ). Currently the time shared with our son is the problem - he wants 50/50 - at the beginning he proposed that he has the boy 4 days and me 4 days. Now he wants 3 - 3. I cannot agree with this. My son loves his father very much but he is more attached of me and i believe he is too small for this kind of settlement. I proposed a flexible share time where he can spend time every time with his son and slowly thane him over during weekends and see how it goes. But he doesn't want this...he says that the child is going to get used to this situation. Anyway, is there a third solution here besides husbands getting to an agreement or going to court? I think is unlikely me and my husband to get to an agreement and in the same time going to court is too expensive.

Expert:  Clare replied 2 years ago.
Hi
You are right - your child is very young for a 50/50 care arrangement - and there is research from Australia to prove it
Your starting point is to try and discuss child care issues with him using family mediation
www.familymediationhelpline.co.uk
To agree a better pattern of care for your child - possibly starting with every friday night and building up to alternate weekends.
Whilst you are at mediation you can also discuss who is moving out of the matrimonial home and when.
Going to court need not be expensive if you deal with the matter yourself.
Neither of you can take the child out of the country without the agreement of the other parents or an Order from the court - however since you would be returning home there is a very good chance that the court would allow you to do so
Clare
Customer: replied 2 years ago.

Thank you very much.

Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well
Clare
Customer: replied 2 years ago.

Hi again,

I would like to ask you one more thing. You said that going to the court needs to be expensive if i deal with the matter myself - is there any other option? What if he goes to the court but i cannot afford this but in the same time i cannot accept his conditions to end this marriage? Based on your experience is there any chance the court will allow me to go back to live in Romania with my child permanently? I used to have a well paid job in Romania, a senior role, and here in UK i took a step back in my carrier and i have a junior role not that well paid. The only reason i am here is because of my husband's job and to keep the family united but now that is falling apart i don't see any reason to continue living here. All my family and friends are in Romania. I have a big family who can support me anytime i need and my son is really close to them. Here i have nobody. I am asking this because i know that my husband will never agree to this - we had the discussion before.

Thank you very much

Customer: replied 2 years ago.

And one more thing. We've already been to family mediation and after talking with both of us separately the mediator concluded that this marriage is over, that we must look in the future and leave the past behind and she advised us to talk to a solicitor.

Expert:  Clare replied 2 years ago.
Hi
Where do you plan to live when you move out?
Clare
Customer: replied 2 years ago.
Hi,
I will continue to live here is there is no other option but I would prefer to go back to my home country.
Thank you
Expert:  Clare replied 2 years ago.
Hi
I am sorry - I meant do you intend to rent another property here in the Uk?
Clare
Customer: replied 2 years ago.
Hi, yes, i intend to rent another property here in UK.
Expert:  Clare replied 2 years ago.
HI
Then there is no reason why you should not move out as soon as you wish and deal with the other issues later
Clare
Customer: replied 2 years ago.
Because he has no morals. Because as soon as I am out of that door he is going to cause me of all kind of things, he's going to come at my new house claiming the child or a cussing me I am not allowing him to see his son. we already had the police into our house this weekend. Because I know him and because I am afraid. Because he is very manipulative and very good at convincing people that the t***** *****es in his hands. Because there is no one to protect me from his abuse and intimidation. I have no family and friends here. I am here only because of his job and if I could go back to my home country I would do it in a second.
Expert:  Clare replied 2 years ago.
Hi
There is no reason not to move out - whether he is harassing you in your current home or in another one does not change the fact that you can call the police
Clare

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