Hello, please could you help me.I have been married for 27 years and my husband had an affair 2 yrs ago.Over the years he has been abusive.We have 7 children with 3 living at home.18-college,15-school,14-school.I have bipolar.About 5 years ago while I was very ill and under the care of phyciatrist he made me sign my half of the house over to him.Today there has been an episode and I can''t carry on.He takes all my money and sold our family car for a small one just for him.He is totally unreasonable to me and said today that I should move out and I have no say over the house and has started putting locks on internal doors. Please help me I know nothing about legal stuff and where I stand.I just want him out of the house..thank you so much xxxxx
Nichola, this seems a pretty awful situation and the first point to bear in mind is that you can be ordered to leave the marital home only if the Courts orders that, or makes an order which, by its very nature, means that you must leave.
However, in your case, I would say that it is virtually certain that he will be the one who has to leave. Frankly he''d better start googling rightmove.com because he is going to need it.
It is possible for you to get an order called an '' occupation order '' which, in spite of its name, means that he can no longer live in the FMH any more. But this is not easy and you would need to get legal advice.
The Court''s priority would be to make sure the children have a home, and this consideration is almost invariably paramount. So the odds are that it will be he who has to leave. Well, of course this means that he has to find somewhere to live. He will have some interest in the house after a marriage this long but it may perhaps be some time before he realises it.
Be quite clear that he cannot order you out. To argue that you have no say over the house when you are a joint owner is preposterous.
So what are you going to do about it ? Do you want a divorce ? There are a wide range of orders available to you to protect you from harrassment or molestation.
Even if you did sign your half of the house over to him you have marital home rights - you need to register these with the land registry. If you ring them they will tell you what you have to do. Then, as Mike says, he can''t throw you out.
Because you are married the fact that you gave him your half of the house counts for nothing - it is all marital property and up for sharing. I think also that it''s arguable that you did this under duress anyway, while you were not of sound mind.
Your situation is abusive and you really need to get him out of the house if you can. You should see a solicitor urgently to see if you can make a case for an occupation order.