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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6894
Experience:  Barrister at law
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As on my previous question my husband told me on the 3rd

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As on my previous question my husband told me on the 3rd July that he wanted to split up (didn't really give an explanation except that it was him - that we hadn't really been getting on, more like brother and sister etc) - He walked out on 17th July to a B&B somewhere (refused to say where) We have been together 31 years and would have been married 28 years on 5th September 2020. He contacted me on the 20th July to take the dog out and then again on 19th August to take the dog out on 20th August (however it was too hot) He then collected his post and 3 pictures that were his from the house. Meanwhile I have been told that he has moved into a flat somewhere in Witney.(apparently he has been in a relationship with someone he met on facebook since 24th April 2020) I asked him when he visited 20th August to send me a list of what he wanted from the house. I was told that I had to let him in the house as it was the marital home. The house is rented and I have now become responsible for the entire expense of the house and everything else. The household income has reduced from nearly £3000 a month to £980 a month. I have applied for whatever benefits that the calculator has said that I can. My 1st question is - Do I still have to allow him into the house at all (he has not given me his key back) My 2nd question is - Can he divorce me or can I refuse (for 2 years ?) My 3rd question is - Can he just walk out and leave me in such a mess financially ? My 4th question - Can he just take what he wants from the house ? Thank you for your time Sally Cunnington

Hello, my name is*****'m a barrister and I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I will look over this and come back to you shortly with a response.

I'll do my best to answer your points.

1. I'm afraid he does still have the right to access the marital home. However, at some point fairly soon, it's reasonable to ask for notice of him coming to the property if he has set up home somewhere else. Legally there may not be a requirement to do this, but reasonably he should be prepared to do so.

2. You can ask that he waits for 2 years to divorce. Though if you want to be able to move on and from what I can tell you do, then I would advise to go ahead with the divorce sooner rather than later.

3. You have joint obligations still, and if he was the main earner, once divorce is applied for you may be able to claim spousal maintenance from him pending the outcome of the divorce. This is another reason to consider applying for or accepting a divorce petition sooner rather than later.

4. You should agree on the division of the joint possessions. If you cannot agree, then again, going through the divorce application will be an opportunity to do this in a more formal setting. Until then, you both equally own everything, and you cannot really stop him from taking things that he has just as much right to as you I'm afraid.

I'm sorry that there's no easy answer here, and that it will feel like there are no consequences for his actions. But the law doesn't punish someone's behaviour when a relationship breaks down, though it feels like it should.

I hope that this clarifies some points for you, if you do have further questions you can comeback to me, of course.

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