help please - getting a divorce

sanova76

Hi,

I need some advice please.

I'm getting a divorce, but my soon to be ex won't leave the house as he can't afford to move a the moment. How can I kick him out?

The house and mortgage is in our name. I've been paying the mortgage and household bills for the last 3 years. We bought the house 6 years ago. I don't want to sell the house as I have a 6 years disabled son and I won't be able to get another mortgage due to my earning now (I only work part time). He did contribute something to the house in the beginning (deposit & part of the mortgage in the first 3 years). All the household bills are in his name, but as I mentioned I've been paying it for the last 3 years, it come out from my account. I guess I have no problems changing it?

I know I should contact a solicitor but I can't really afford it. Is there any other option?

Thanks in advance.

San

elsien

Taking this at face value, if it's half his house then you can't kick him out. He has as much right to be there as you do.
If you're getting a divorce, aren't the financial arrangements being discussed as part of this. Is your son his child as well? If so, ditto the child care/maintenance arrangements.h

sanova76

Hi,

Yes, my son is his son as well. I don't want anything (money) from him, I doubt he has any since he can't even afford to get his own place now. He will have access to our son, I won't stop him, I just don't want to live with him anymore.

Annisele

Unless this story is much more complicated that you've said, you can't kick him out - for the exact same reason that he can't kick you out. Who has been paying the mortgage up until now is completely irrelevant to that.

Do either of you have any savings or pensions? And is there any equity in the house? You might not want any money from him, but (depending on the circumstances) he might be entitled to money from you. If that would enable him to move out, it might be worth it.

elsien

He has assets. He has his share of the house for a start, unless it's in negative equity. If you don't want him living there anymore then you both need to start thinking about how to free up those assets eg by agreeing a fair split taking all the relevant circumstances into account and buying him out/selling up.
Have you been to mediation?

pinkshoes

In a divorce it is often unrealistic to expect to just be able to carry on living in the house. He needs to be able to afford to live too.

How many bedrooms do you have? Could you just live together without being together? Could you sell the house and split the money so you can both rent/buy elsewhere?

Guest101

sanova76 wrote: »

Hi,

I need some advice please.

I'm getting a divorce, but my soon to be ex won't leave the house as he can't afford to move a the moment. How can I kick him out? - I will gladly assist as soon as you explain why you think you have a legal right to do this?

The house and mortgage is in our name. - So you both own the house. Maybe he should kick you out? I've been paying the mortgage and household bills for the last 3 years. - irrelevant, you're married. We bought the house 6 years ago. I don't want to sell the house as I have a 6 years disabled son and I won't be able to get another mortgage due to my earning now (I only work part time). - Is the child his? He did contribute something to the house in the beginning (deposit & part of the mortgage in the first 3 years). All the household bills are in his name, but as I mentioned I've been paying it for the last 3 years, it come out from my account. I guess I have no problems changing it? - Changing what?

I know I should contact a solicitor but I can't really afford it. Is there any other option?

Thanks in advance.

San

You cant kick someone out of their property.

Tigsteroonie

Just a thought, but maybe he'd like to stay in the house with the child? Have you thought about leaving yourself?

TBagpuss

You are both equally entitled to be in the house, and neither can simply kick the other out.
You can get him out (or he could get you out) with a court order. Either an injuctio order, if there is any domestic abuse, or a final financial order as part of a divorce.
Long term, a court will prioritise the needs of any children, so if the reality is that you can afford the current mortage but could not rehouse elsewhere, then it is likely that a ourt will make an order which allows you to stay in thouse until your son leaves school (possily longer, depending on the nature of his disability) and that you do your best to get your husband released from the mortgage and that he gets a share of the equity when the houe is ultimately sold.

In the short term, it may be worth looking at what he would need in order to be able t omove out, and what steps the two of you could take to enabale him to do so. For instnace, do either of you have any savings which could be used to pay a deposit to rent somewhere? Can you affod the outgoigns on the family home without his help, to allow him to save his wages for a month or two to be able to pay a deposit?

Ideally, the teo of you need to sit down to discuss options, intially to concer short term options and then (preferably with professional, legal advice) long term arrangments.

Use the entitledto website to work out whether ither of you will be able to increse you incomes by making a new claims for benefits or tax credits once you are separated; althouhg you won't be able to make the claims until you are separated, knowing what you are each likely to be entitled to will help in working out what options there are.

sanova76

thanks for all the replies. I feel like I'm being used. I found he's been having a "business trips" that turn out to be a holiday overseas (God knows with who certainly not us) while I take care of our son. Obviously he has money for this holidays but don't have money to contribute to the bills? I'm talking about changing the name on the household bills.

Pollycat

sanova76 wrote: »

thanks for all the replies. I feel like I'm being used. I found he's been having a "business trips" that turn out to be a holiday overseas (God knows with who certainly not us) while I take care of our son. Obviously he has money for this holidays but don't have money to contribute to the bills? I'm talking about changing the name on the household bills.

You've not answered many of the questions asked - some of which are:

Annisele wrote: »

Do either of you have any savings or pensions?
And is there any equity in the house?

elsien wrote: »

If you're getting a divorce, aren't the financial arrangements being discussed as part of this.

pinkshoes wrote: »

How many bedrooms do you have? Could you just live together without being together? Could you sell the house and split the money so you can both rent/buy elsewhere?

sanova76 wrote: »

Yes, my son is his son as well. I don't want anything (money) from him, I doubt he has any since he can't even afford to get his own place now. He will have access to our son, I won't stop him, I just don't want to live with him anymore.

In fairness to your son, he should be paying child maintenance - whether you want his money or not, maintenance is for the benefit of the child.

What do you propose happens to the house deeds?