Just wanting some advice please. My now x husband and I separated just over 2 and a half years ago. He moved out and initially rented a house but has since moved in with his parents. In the two plus years we are now divorced, but no financial agreement has been made. My x is putting huge pressure on me to sell. We have 3 children age 17, 13 and 10 who reside with me full time. My husband has his two children (the youngest) one night per week. I pay all bill etc and he pays interest on mortgage in lieu of child maintenence. He is now putting pressure on me to sell the home. I understand that he needs to move on although there isnt enough equity to buy even one house let alone two. I have verbally agreed to discuss selling at the end of the year once I have finished my post grad diploma. I also work four days a week. He is threatening to move back in if I dont agree to sell now. Where do I stand with this. After nearly 3 years to move back in would be ludicrous and I am really worried. Please can you tell me where i stand with this, we are both on the mortgage so joint ownership. Im feeling rather stressed at the thought. Thanks
On the face of it, where a wife has dependent children, there is at least a definite possibility that a Court would give you the right to live there ( and deprive him of his right to occupy ) at least while the children are dependent.
He will not lose all his interest in the former marital home, almost certainly, but may have to wait some time before he can realise it.
My textbook says ( for what it''s worth ) that where the house is clearly not his home, you can change the locks and if he tries to force entry he will be committing an offence, even if he is a legal owner of the property.
But sooner or later the issue of the former marital home needs to be resolved. I would recommend you take
legal advice on this one.
To amplify my advice a little = if your husband is a legal owner he can apply to the Court for an order that you re-admit him. However in your case, the application might not succeed because of the likelihood that he would have to be excluded to provide the children with a home.
My ex threatened the same before we were divorced. I''m sure I was told on here that I could apply for an occupation order to stop him moving back, as I was entitled to my privacy etc. Thankfully it wasn''t necessary but the very thought of him moving back filled me with horror.
My husband is threatening to move back in we are not divorced yet and he moved out two weeks ago after assaulting me and now he is threatening to move back in and I don't know what to do. I changed the lock and he is saying that he will break in. Please, anyone with experience here advise. Thanks