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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 73933
Experience:  Over 5 years in practice
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Morning. I am a 51 year old mum of three. My marriage is

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Morning. I am a 51 year old mum of three. My marriage is having difficulties as my husband for the last five years has in my opinion suffering from depression and behaves unreasonably and has anger management issues. He has had several major anger outbursts and the last two in front of my 11 year old daughter who is now quite scared. The last one happened about a week ago and I packed my bag and have moved out. I told him to leave but he refuses. He now does nothing at home, doesn't cook for the kids, doesn't clean, doesn't spend any time with my young daughter. He just goes to work and comes home and sits in front of the tv or laptop. I'm worried my kids are not being looked after. I need to move back in and he needs to move out. Is there any way that I can make him?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No. As I don't really want to end the marriage but I want him to seek help and maybe we can save it
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Barnet
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I just need him to move out for a while and sort himself out so we can maybe save the marriage. His anger is quite bad and therefore that is why at the moment I cannot carry on the way things are

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

You cannot exclude him on that basis I'm afraid. He is entitled to live in his property. You can move back too though of course.

These are just not grounds for an occupation order. I realise that it might not be desirable but being a bit lazy around the house and having the odd argument is just not a ground to put somebody out of the house for which they pay.

Can I clarify anything for you?


Customer: replied 11 months ago.
He has been physically violent in the arguments and that is why I had to move out. And 10 years ago he did have an affair which he ended as he didn't want to loose the kids and I thats when the depression started and the anger came in

You could try on that basis but he will probably defend on the basis that if that were true you would never have left the children with him.

I'm sorry but it is just not that easy now to get men put out of their properties.

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