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cohabitation during separation discussion

  • franchise
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06 Sep 19 #509536 by franchise
Topic started by franchise
I want to separate from my husband and we have started to talk about. He is not keen but I hope he will come to agree.
In the meantime I find it extremely difficult to live in the same flat . we have 3 children , one at uni and 2 still at school and living at home.
I am the man carer as my husband travels for his job so he is often away.
Do I have to wait until we are formally separated/divorced to ask him to move out? Do i have any right to ask him to rent another place throughout these months of negotiating the separation?
What is I took a room myself to be able to go there when he is around ? would this undermine my role as the 'main carer' and therefore my entitlement to maintenance once divorced?

Many thanks

  • hadenoughnow
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17 Sep 19 #509680 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce but sorry you find yourself here.
If the property is in joint names you both have an equal right to live there. On divorce you also have an equal housing need - although if there is not sufficient capital to house you both, the children and main carer are the priority at least until the children are old enough to be independent.
Unless he moves out voluntarily, you can only compel him to leave if his behaviour is such that an occupation order can be acquired.
You may want to consider using mediation to help you sort this out. Hopefully he would agree to find alternative accommodation. It is always open to you to move out with the children.
As far as maintenance goes, if you are living apart he would have to pay child maintenance for children under 18 and in full time education. This is based on income and the amount of time the children spend with him. Spousal maintenance depends on need and ability to pay.


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