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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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can my wife force me out the home

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my wife wants a divorce and wants me to move out, can she get a court order to force me out the house

Are both names on the deeds to the house?
Customer: replied 5 years ago.

My wife pays the mortgage and i pay other bills, i think the mortgage is her name, my worries are a year ago after an argument she decided to call the police and have me removed from the house, obviously without a charge as nothing actually happened, and i was aloud back home.

we agreed to give it another try.

the worry now is she has asked me to move out and i cant affoed that yet, and she knows that but she may use the previous police call as a leaver to get me removed via a court order.

would this be possible?


When was this last Police incident?

Was there violence even though the Police dropped it?

Customer: replied 5 years ago.

last may 2012, there was an acusation of a threat that i used cutlery knife to point at her during an argument that was then looked at as a threat.

but it was dropped as it was my word against hers, and we went on to do another year almost together hassle free.

the acusation and the police call was a way to end the argument. it obviously worked.

but as before this could be used again..


Assuming that she is not going to lie through her teeth,
she is unable to use the incident from a year ago in order to get a
non-molestation and/or an occupation order now.

The court would have to believe that there had been
violence or that there was a serious threat of violence before granting such an

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The thread remains open for us to continue this exchange

James Mather,
Category: Family Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
James Mather and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

thanks very much

Glad to help. I hope you get sorted.


Customer: replied 5 years ago.
Can my wife refuse to sell the house? She is saying that her advice is she dosent need to sell until her daughter is 18, even though she isn't my child nor do I financially support her child as her biological farther pays maintanance

How old is the child?

How long were you married for?

How long together before married?

What is the house worth?

What did you each put in?

What mortgage outstanding?

Customer: replied 5 years ago.
Her daughter is 15 years old and receives monthly maintanance.
We both contributed to the deposit of 64k.
With the substantial work I did over 3 years the value has increased and the value is at around 80k of equity..
We will have been married 3 years come August.
We were together 5 years.
At the moment I still live in the house.
She is the director of the business that I run, she has stopped all operations so I have now no income.
I may be entitled to legal aid.
She wants me to take over the business as the settlement, but over the last 12 months has used monies from the business so it's accurred debt and is now worth very little, it would be salvageable but I would still have the problem of no where to live during the year it would take to salvage an overspending company.
As I have told her I need somewhere to live.. Not just a job..
Her reply was she Dosnt need to sell the house because of her dependent child..
So I have no choice but to become homeless.

Aid ends in April for all family except abduction and violence so don't bank on
that. Value of house? Mortgage

Customer: replied 5 years ago.
£160k mortgage
62k deposit..
Value £250k
Equity £88k
This is approx as may sell for less than market value
I am going to refer this to a colleague and will opt out. No need for you to do anything. The thread remains open.
What income do you each have and how much does a two bedroom property in the same general area cost?
Customer: replied 5 years ago.
2 bed cost £160k
She earns 35k
I earn less than 20k but have not been paid in 3 months as I said she owns company..
Best guess at her mortgage capacity?