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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11588
Experience:  Senior Associate Solicitor
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Jim Can I force my ex to leave the marital home? As he came

Customer Question

Hi Jim
Can I force my ex to leave the marital home ? As he came into the relationship with more money than I is he entitled to a bigger share even though I have increased his ‘pot’ 4 times over in the last 19 years.
Submitted: 7 days ago.
Category: Law
Expert:  JimLawyer replied 7 days ago.

Hi there,
For as long as you remain married he has a right to live there unfortunately, that is unless you obtain a court order to exclude him from the property but generally that would be due to some form of domestic abuse or child abuse for example. Even if he is not on the deeds the fact you remain married means he can live there. So unless the domestic issue applies, there is not much you can do about it if he refuses to leave. Once divorced though it's a different story. If the marriage has broken down then there is no reason why you should live together, it'd be worth speaking to him and taking a pragmatic approach if that's possible and suggest he leaves. In terms of the money brought to the relationship, not necessarily. As I said before the court weighs up lots of facts and money brought to the marriage is one of those - so would be your earning power versus his, your ages, length of marriage, etc. You should go for a larger split of the assets to start off with. If you cannot agree then and financial proceedings are issued, the judge at the FDR hearing (financial dispute resolution) will tell you their thoughts and how this might end up if you go to a final contested hearing - for that reason lots of cases settle at the FDR stage. It comes down to negotiation and, as I say, those factors when it comes to a settlement.
I hope this helps,

Customer: replied 7 days ago.
Great advice
Customer: replied 7 days ago.
Thank you
Expert:  JimLawyer replied 7 days ago.

Many thanks, ***** ***** good day