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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10513
Experience:  I have been practising for 30 years.
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My husband and I and our 22 year old daughter live in a big

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My husband and I and our 22 year old daughter live in a big house in country. Few years ago my husband also bought house in Chelsea. In December last year I found out that he has been seeing and sleeping with another woman there. We have been together for 25 years and married for 20 years. This has been most awful emotional shock and my health suffered quite a lot. I now decided that I need to separate from him as he still goes to Chelsea to see that woman and then comes back home. I need to know if I can make him to move out of our house in country as he can stay in Chelsea while our house in put on market?

Hello for clarification have you had a discussion with him about moving to London?

are you considering divorce sometime?

Customer: replied 4 months ago.
I did mention that but he did not respond.
Customer: replied 4 months ago.
I am considering separation rather then divorce
Customer: replied 4 months ago.
Just like to add that he will not be happy moving out as our house in country got a swimming pool that he uses on daily basis when he is here and also big garden that he loves. I have two dogs and 3 cats living here as well as my daughter so think it would make sense if he moved out as living like that is affecting my health

If the two houses are in joint names then both you and he are free to come and go as you wish. You are no more at liberty to make him move out of one or the other than he is to make you move out of one or the other.

The fact that he may have had or indeed is still having an affair is not relevant to where he lives and it’s not relevant with regard to the ultimate division of any financial assets.

If you are going to divorce or legally separate, then you either need unequivocal proof for the purposes of a divorce court that he has committed adultery or he needs to admit it otherwise you would be divorcing on the grounds of unreasonable behaviour.

If you can’t get divorced perhaps for religious reasons, then you can have a legal separation.

Just living apart is not a legal separation.

Until you start divorce proceedings, then dividing the financial assets is something you would have to agree between you and if you can’t, with no divorce proceedings, all the finances just stay as they are.

Indeed, even during the divorce proceedings you can both come and go in each house as you wish although ultimately, there has to be a division of assets which may be the one person gets one property and the other one gets the other and there is an adjustment of savings and finances or everything gets sold and divided.

The answer to your specific question as to whether you can make him move out is that you can’t, unless there has been any domestic violence when you could get an occupation order to make him move out.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 4 months ago.
My husband is a property developer worth around 40m with income of over 1.5 m per year. All the properties including the house we live in are all in his name in fact everything even my car is in his name. I have worked in his business for over 20 years as his secretary and managing agent. Does it matter that everything is in his name?

Thank you. These are all marital assets and the fact that they may be in his sole name doesn’t detract from your financial interest in them. In respect of the marital home(s), you are free to come and go as you like as indeed he is.

F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you for that.