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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would like to divorce my husband - he refuses to leave our

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I would like to divorce my husband - he refuses to leave our home - how do I get him to leave? He is constantly drunk and unreasonable and nasty - not violent but verbally abusive.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How long have you been married?

-Is the property owned, or rented, and in whose name?

-What other assets do you both have, both solely owned and jointly?

-Do you have children together, if so their ages?

-Have the police ever been involved, if so what have they done?

Customer: replied 1 year ago.
We've been married 33 years.
The property is joint owned.
No other assets.
My children range are 29, 30 and 33Police never involved
Customer: replied 1 year ago.
I have paid all the bills for 15 years because he is very unreliable with money
Customer: replied 1 year ago.
This includes the car, mortgage ... everything.When we bought the house he was in debt and I helped him pay that off recently this year - I now have two loans one for the car and one to pay for our daughters wedding and consolidate his debt. he was supposed to pay me installments but this never happened.

How much is the property worth, what is the value of it and how many bedrooms does it have? Is it only both of you that remain living in the property?

Customer: replied 1 year ago.
Approx 170- 180 - two beds and a loft conversion - just me and him living there.
Customer: replied 1 year ago.
I'm about to go into a meeting so may not answer your next comment.

Thank you for confirming. Unfortunately, given the property is jointly owned and is the matrimonial home he has a right to remain there. This can only be prevented by a court order if he refuses to voluntarily leave. The court order to exclude him from the property is called an occupation order and you can apply for this if his continued behaviour puts you at risk. You can use form FL401 to apply for this to your local family court.

Furthermore, as part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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