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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my husband are splitting up. We have lived in my

Customer Question

Myself and my husband are splitting up. We have lived in my home for 22 months now. I have a shared ownership mortgage solely in my name as his credit was so poor. He is refusing to leave despite never paying a penny towards the Mortgage. He does pay the utilities through his bank, Yet these are in my name also. We are splitting up because he is mentally unstable and unpredictable. Although he hasn't been physically violent as yet, The more stressful the situation becomes the more vulnerable I feel. His abuse is more of a mental nature, Nice one second spitting obscenities the next. I have offered him money to go yet he will not. He believes he can "Ware me down" by staying. I do not know where to go now...
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Firstly, arising out of the marriage he has matrimonial home rights which entitle him to live in the property until at least the divorce is finalised, despite the property being in your sole name. This is a right arising out of the marriage.

However, if there is a risk towards you by him continuing to live there you can consider making an application to your local family court for an occupation order using form FL401 which will exclude him from the property. You will need to demonstrate to the court that it is of utmost necessity that this is done and that he is able to survive or maintain himself elsewhere.

I hope this assists you. 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 your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.