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Moving out ??

  • GM06
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17 Sep 12 #356317 by GM06
Topic started by GM06
Hi

We purchased a house after we were married but only in my husbands name (stupid I know), we are now seperating (not my choice) and he has advised its "his house". He has thretened to throw me out however I have told him he cant do this as it is the marital home and I have a right to be there. I have also registered my interest with the land registarty follwoing some good advice on here.
Since my last posting however thing have got really bad and he is thretening me still and has thretened me physically although not actually done anything.
I think for my own safety and sanity I need to move out but how will this affect my "claim" on the property and can I still go in and out of the property.
I would simply go live with a friend until house is sold (he is wanting to sell)and then take my share of which he has agreed. We have reached a financial settlement between ourselves and awaiting a solicitor to formalise this however if I move out prior to this being signed what will happen if he has a "change of heart" and decided to simply change locks ??
V confused - please help
Thanks

  • LittleMrMike
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17 Sep 12 #356332 by LittleMrMike
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To reply to this I would like to ask a few questions and make a few comments.

First comment is that domestic violence is totally unacceptable, and a threat of violence to force you to leave early is similarly unacceptable.

It could very well be an option for you obtain a non-molestation order or even an order excluding him. You will need legal advice before doing so but it is an option.

Second, what stage has your divorce reached ?

You need to be careful because your marital home rights normally end on Decree Absolute. It is possible however to apply to the Court to extend the order.

Now as to the agreement. My inclination is to say that, unless it is embodied in a formal Separation Agreement or better still, a Consent Order, then I wouldn''t rely on it, and I would hazard a guess that he may go back on it.

Even as a man it really bugs me to think that a violent man should get a larger share of the cake because of his violence or the threat of it.

If you have a Consent Order then you could almost certainly move out safely but it''s obvious from what you say that you haven''t.

I would not rely on a mere verbal agreement unless it is embodied in a formal order.

LMM

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17 Sep 12 #356351 by GM06
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Hi and thanks - esspecially for your kind words :-)
I am a strong person but really dont know if I can handle any more of his threats hence me considering moving out.
We are at the very early stages of seperation and I only have my first lawyers appointement next week. I will ask her about how best to formalise it all.
Meanwhile any further comments greatly recieved :-)

Thanks

  • mez
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17 Sep 12 #356359 by mez
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Hi,
A lot depends on the length of marriage & other factors about how you will both be living after divorce. Have a look at the calculator for a rough guide.

Good that you have registered your home rights on the property.
I don''t think moving out will affect your claim on the property, if I am wrong someone will let you know.

Getting a non-molestation order is a good idea if you think he is likely to be violent.
Don''t be afraid to let the police know the situation in case you need to call on them later to keep the peace.

A word of warning though, Any verbal or Separation Agreements count for nothing once divorce proceedings begin. It usually starts 50/50 & you both negotiate from there.

  • sim5355
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21 Sep 12 #357037 by sim5355
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hi! Don''t move out with these type of people he will go back on his word and he will change the locks sit tight if he threatens you again go straight to the police.x

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