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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Have told husband I want divorce and he is refusing to leave

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Have told husband I want divorce and he is refusing to leave rented property, his name is ***** ***** rent book, he is also saying when he decides to go he will strip house of everything g that he paid for, including my pet dog he brought as a gifts Christmas.we have been married 26 years with 4 adult children between us.3 of them still at home.what can I do?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you actually started Divorce Proceedings?
Customer: replied 3 years ago.
No not yet as we do not Own any property and both are working I don't want any money from him just a divorce .
Has there been any violence?
Customer: replied 3 years ago.
Not as yet but in past there has been , mental and physical he is very good at mind games. He is currently being nice one minute then when he's had a drink or two he becomes nasty, he has even said get your dad to give me 10,000 and I will walk away.
I am afraid that so long as you are married he is entitled to live in the property - unless he is violent and you obtain an Order excluding him.
If you wish to ensure that he leaves you need to start a Divorce Petition based on his Unreasonable Behaviour
Details here
Once you have the Decree Absolute he no longer has the right to remain.
So far as the contents are concerned these will have to be shared between you
I am sure that there are more details that you will need - please ask
Customer: replied 3 years ago.
What happens if he refuses to sign the papers how long am I going to have to wait ? Dose it take a long time for decre to be issued it's horrible living with him
I appreciate that it is unpleasant - and if he is violent you can apply for an Order excluding him.
Start the process as soon as possible.
Ask for the papers to be returned to you for service and spend £90 on a Process server to put them in his hands - then you can progress to the Decree Nisi swiftly
It will take between three and six months
Clare and other Law Specialists are ready to help you