Marriage over - need help

LizzieS_2

Sorry LeilaZ, my last comment in brackets was aimed at some other on here who may have questioned my statement - was pointing out the obvious from your earlier posts to stop them jumping in with useless extras.

MIL is looking for her son, just as you are - she's saying words that have no legal meaning. There is no way a court would say her son can stay in your house and your son should move out - she's in cloud cuckoo land, so don't worry.

x_raphael_xx

LeilaZ, I haven't any advice, but couldn't read and run.
Just wanted to say good luck & send virtual hugs to you & I'm glad you have a supportive family

I couldn't imagine a court letting him back in if it's YOUR home, especially as he is violent. I would think the courts would want the best for your children & being in the home they've lived in all their lives is the best thing for them.

Good luck & keep us posted

Bamber19

It's not what you want to hear but the Law in Scotland protects your husband in this situation. Namely the matrimonial homes act 1981 which gives a non-entitled spouse occupancy rights in the matrimonial home. "His name is not on the titles" doesn't wash up here unfortunately (I say unfortunately, but in most cases it's a good thing)

Kimitatsu

Bamber19 wrote: »

It's not what you want to hear but the Law in Scotland protects your husband in this situation. Namely the matrimonial homes act 1981 which gives a non-entitled spouse occupancy rights in the matrimonial home. "His name is not on the titles" doesn't wash up here unfortunately (I say unfortunately, but in most cases it's a good thing)

But not if she is successful in getting restraining order Then all occupancy rights can be removed.

chesky369

Many of us on the boards here are not familiar with scottish law, which only highlights the fact that the Leila must get proper legal advice immediately.

Great_Hairdresser

Not got much advice apart from getting rid of my ex husband and being able to close the door at night and sleep easy was the best thing I have ever done.
Sending you big hugs and support.
you and your babys will be fine.
Good Luck

DX2

Housing rights at the end of a marriage

At the end of your marriage, the court can give you or your partner rights to the home or can take rights to occupy the home away from either of you. As long as you are both still living in the home, whether it is owned or rented, you both have rights to live in it. If one partner has been violent there are special orders the court can make to change the violent partner's rights to the home and exclude her/him.
For more information about help you can get if your partner has been violent to you, see Domestic violence.
If one of you is a sole owner or a sole tenant and the other partner leaves the home, s/he may have to go to court to enforce her/his rights to get back in.
If you are thinking of going to court about your housing rights after the breakdown of your marriage, you should consult an experienced adviser, for example, a family law solicitor or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
If you and your partner are owner-occupiers the value of the family home is likely to be an issue within the divorce settlement. You should see an experienced adviser about decisions that can be made about the family home.
Anyone who wants to protect their rights should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

http://www.adviceguide.org.uk/scotland/family_parent/family_family_scotland/ending_a_marriage_scotland.htm#housing_rights_at_the_end_of_a_marriage

elfen

See, I picked up on the last post, you AND your parter are owner occupiers. He hasn't been and will never be, and the OP can prove it, so why the hell would her ex be allowed to come back to a home he was only in because his wife owns it?

aj2703

elfen wrote: »

See, I picked up on the last post, you AND your parter are owner occupiers. He hasn't been and will never be, and the OP can prove it, so why the hell would her ex be allowed to come back to a home he was only in because his wife owns it?

Probably something to do with the law...:rolleyes::rolleyes:

LeilaZ

Thank you for your help everyone.

He is being charged with assaulting my son (which I'm told with him being a child will be taken very seriously), assaulting his Dad, assaulting a policeman, causing a breach of the peace and criminal damage. He has been bailed, but thankfully bailed to his mother's house and warned to stay away from here. I will take his things to his sister and she will pass them on.

I haven't been able to see anyone this morning. CAB can't see me for 3 WEEKS!! I have an appointment with a solicitor in on Wednesday (the soonest I can be seen). The police have put me in touch with the local Women's Aid (I didn't think they'd be able to help us, but they can thankfully) and there is someone coming out this afternoon to speak to me.

My husband rang me earlier (I didn't answer) and left a huge abusive message on my answering machine. He says he doesn't want me back anyway, that he's been seeing someone else since I got pregnant with our son and that he was only ever here with me because I had somewhere secure for him to live. He also said that my son is a brat and his only regret is he didn't hit him sooner and harder. He said he hates children, never wanted any and isn't interested in access to the two babies until they are bigger as they are just demanding wee !!!!!! at the moment. So he has really shown his true colours big time.

Thank you for all your help. I very much appreciate it. I'm totally thrown at the moment, this time last week I was happily married and at home with 3 wonderful children including my newborn (he was very poorly when he was born) and now I realise my marriage has basically been a sham and my husband a complete *******! Leila