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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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How can i force my wife to pay the half amount of rent and

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How can i force my wife to pay the half amount of rent and home expanses if she stays with me in the house and now both we are without jobs and she refuse to pay half rent to save her money?

Good afternoon. I will assist with your question - be aware this is an email not chat service.

what do you force?

how long have you been married in total?

and what is the issue with your arrangments

Customer: replied 1 year ago.
i am married with my wife ffrom 3 years , now she has a lover and dont want to pay half of the our house expenses where she leave with me and our 2 years kid

I’m afraid that the court will not get involved in marital finances unless you have started divorce or legal separation proceedings. You do it as part of an application for a financial order.

If you only to point you in the right direction with that, I am happy to do so.

Can I clarify anything else for you?

I am 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.

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Thank you.

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

Best wishes.

FES

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
if my wife dont support on house expaansive i cant do anyrhing not even to make her leave my house ?

I’m afraid not. You are married and this is the marital home and she is free to come and go as she likes even if it is in your sole name. The situation will be completely different if you were not married. But you are I’m sorry, I know it’s not the answer you wanted.

You are going to need to have started divorce proceedings and have an occupation order for her to move out of the house.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

Customer: replied 1 year ago.
I did rate you
Customer: replied 1 year ago.
if i dont pay my house rent and expanses what will happen? Bcs i domt want anymore for her to stay at my house and foes to her lover anytime she wants and not paying anithing to my house? I can lock her out

Thank you. Your rating crossed with my posting request. Apologies.

If you don’t pay your rent the landlord will serve you notice to quit. He will then proceed with making an application to court for a possession order and pursue you both for the rent in both of your names are ***** ***** tenancy agreement.

You would be entitled to recover a proportion of that as part of the divorce financial order.

You can’t lock her out because it’s the marital home and as I said earlier, she is free to come and go she wishes. If you do lock her out she could take you to court for a court order to compel you to allow her back in.

Customer: replied 1 year ago.
How can i start an ocxupation order to kick her out from the house? Without the kid

If she has been violent or coercive controlling, you can apply for a non-molestation order and an occupation order regardless of being married and regardless of whether you are getting divorced or not.

you can apply to court for a non-molestation order to prevent him coming within 100 m of you and an occupation order for him to move out of the house.

Here are the government webpages on exactly this subject. https://www.gov.uk/injunction-domestic-violence

There doesn't actually have to be physical violence per se because there can be coercive behaviour for example as you will read in this excellent article: https://rightsofwomen.org.uk/get-information/violence-against-women-and-international-law/domestic-violence-injunctions/

Although it’s written assuming that it’s the man that is violent, exactly the same applies if it’s a violent woman

If you want the child to stay with you, then you are going to have to apply for a Child arrangement order otherwise she can simply take the child with her.

Here is the link to the Government webpage on Child Arrangement Orders.

https://www.gov.uk/looking-after-children-divorce

There are lots of different Child arrangement orders.

They can include:

A Contact Order which specifies when parent sees a child,

Residence Order to determine who your child lives with,

Prohibited Steps Order to prevent a parent doing something with the child such as moving away

Specific Issue Order to allow a parent to do something specific with the child such as moving away.

Please note that before rushing off to court you have to have tried mediation first, even if it fails

Customer: replied 1 year ago.
Where can i apply for relocation court order for my kid?

I don’t know what you mean by a relocation court order.

If you mean an order for the child to live with you, it is a residence order which is a type of Child Arrangement Order as I have already sent you the government link of how to do that.