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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7244
Experience:  Barrister at law
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PLC legal - please only you reply. I’m posting this as a new

Customer Question

PLC legal - please only you reply.
I’m posting this as a new question as you mentioned.
So I’m fed up with my husband emotionally abusing me. I’m desperate to sell my flat which is on my name . The trust deed is in my mum’s name. So she owns half.
Another solicitor mentioned that I could go down the route of applying for eviction in order to get my husband out . I have a 7 year old and 2 year old.
Would you advise this to be the best option for me? I’m worried in case my husband will not vacate once the exchange has been done. I’m told by a solicitor on this site earlier that I will not require my husband’s signature to sell my flat as it is my name .
As I mentioned he emotionally abused me what is the best way forward for me to sell my flat ? I’m still married . Not applied for divorce or anything. Would do that after.
Submitted: 22 days ago.
Category: Family Law
Expert:  plclegal replied 22 days ago.

Thank you for posting as a new question.

I will pick this up in the morning for you - thanks for your patience.

Customer: replied 22 days ago.
Thanks
Expert:  plclegal replied 21 days ago.

Good morning.

Whilst it's true that at this stage as the flat is in your name, you don't need his signature to sell it, I would expect that if you did market it to be sold he would register a home rights charge as your spouse and this would prevent a sale going through.

This home rights charge is used to prevent the sale of an asset in a marriage break up before the court has decided if he should have any share in the asset.

It's also very difficult to evict a spouse from the family home.

The route to have someone excluded your home is via an occupation order, particularly given that you are a victim of domestic abuse.

As to the sale, I suggest that you apply for divorce and deal with this through the financial order application.

Hopefully this will assist you in finding a way through to a resolution.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 21 days ago.
PLC legal
Thanks. How long does it take to get an exclusion? How long will it take to get the occupational order? Can you please explain it a bit more as well the occupational order
Expert:  plclegal replied 21 days ago.

An occupation order can be applied for without notice, if urgent. If it is non urgent it may take up to a month or more to get a court hearing. Once the order is made, the person is excluded from the home for up to 6 months.

You have the application form from a previous conversation (FL401).

This guidance should also assist: https://www.gov.uk/government/publications/domestic-violence-injunctions-under-the-family-law-act-how-can-it-help-me-fl700

Further - you could seek support from women's aid here: https://www.womensaid.org.uk/about-us/contact/

Expert:  plclegal replied 21 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter