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Lawyer21, CILEx Lawyer
Category: Family Law
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Experience:  CILEx Lawyer
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My husband has had an affair can I ask him to leave the

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My husband has had an affair can I ask him to leave the marital home

Hi How can I help?

Is the property in joint names?

Customer: replied 5 months ago.
My husband is refusing to leave the marital home- as he is the guilty party having had an affair can I insists he leaves
Customer: replied 5 months ago.
the property is tenants in common

You cannot then ask him to leave he has shares in the property. You can apply for divorce however on the grounds of his Adultery

Customer: replied 5 months ago.
What, if him being in the home, is affecting my health

Do you have evidence of this?

Customer: replied 5 months ago.

What evidence?

Customer: replied 5 months ago.
I've had many doctor appointments and am currently on drugs for depression and sleeping pills

Do you have any children?

Customer: replied 5 months ago.
They are all over 25 - one is away at the moment and will be home in March. The others have left home

Have you tried talking to him?

Customer: replied 5 months ago.
he flatly refuses to leave - we do have a tenanted flat,he could move into this after the one month's notice we have to give

Are you looking for divorce?

This will also allow you to consider what happens to the family home?

Customer: replied 5 months ago.
Not right at this moment - we both need to digest what has happenned

In terms of financial settlement.

Customer: replied 5 months ago.
No in terms of his affair

Are you free to talk it will be better

I can do it for a reduce fee

Customer: replied 5 months ago.
Not at the moment - I'm just seeking advice
Customer: replied 5 months ago.
No thank you

You both have rights in the property even if you are living in the same house -you may wish to consider Occupation Order so the court can decide who should live at the property or buy out his share!

Thank you and all the best!

Lawyer21 and other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks

Many thank