Separated partner won’t remove belongings

CT41

Hi my husband and I separated 30 months ago, he moved out and I’ve remained in the family home with our 10 year old. I’ve tried to initiate divorce proceedings 3 times and he’s failed to acknowledge the papers every time. He’s moved in to his girlfriends house and is in and out of work, doing nothing it seems to get his own place or get on his feet financially. 

He’s asked me to delay divorce proceedings until he sorts himself out. Although I feel like it’s just further procrastination I’m prepared to do that. However what’s really bothering me is he’s left all his personal processions here. I’m not talking marital assets, I mean his stuff. The garage and third bedroom is unusable as a result. It’s starting to effect my mental health. 

Do I have any legal remedy to compel him to remove his processions in advance of a divorce? We both own the house. 

Alter_ego

As the house owner he has a right to live there, so I'd put up with possessions if I were you

CT41

Alter_ego said:

As the house owner he has a right to live there, so I'd put up with possessions if I were you

He’s not asking to move back in. Also legal advice is that if he did, I do have legal options to stop that such as an injunction. This is really about him not moving on, he’s refusing to divorce but also happy where he’s living rent free and using me as a storage facility. Having his cake and eating it basically. 

Alter_ego

He is using his own house as storage!!!  see the last sentence of your first post

74jax

CT41 said:

Hi my husband and I separated 30 months ago, he moved out and I’ve remained in the family home with our 10 year old. I’ve tried to initiate divorce proceedings 3 times and he’s failed to acknowledge the papers every time. He’s moved in to his girlfriends house and is in and out of work, doing nothing it seems to get his own place or get on his feet financially. 

He’s asked me to delay divorce proceedings until he sorts himself out. Although I feel like it’s just further procrastination I’m prepared to do that. However what’s really bothering me is he’s left all his personal processions here. I’m not talking marital assets, I mean his stuff. The garage and third bedroom is unusable as a result. It’s starting to effect my mental health. 

Do I have any legal remedy to compel him to remove his processions in advance of a divorce? We both own the house. 

You say you both own the home so I'm guessing theres no mortgage for him to pay?
He is using his home to store his belongings, so really there's not a lot you can do there I don't think. 
You say you can get an injunction if he was to move back in, do you have grounds for this (I appreciate we only know a little of the story), as they aren't easy to get.
What is his reasoning for not wanting to divorce? 

CT41

Alter_ego said:

He is using his own house as storage!!!  see the last sentence of your first post

... with no intention of divorcing. And no incentive to as he’s living rent free at his girlfriends. He pays for two household bills, I pay everything else including for our child. He’s refusing to agree to a divorce by mutual consent. There’s a point when you realise your ex is content with the status quo because it suits him. This situation will go unless I do something 

CT41

74jax said:

CT41 said:

Hi my husband and I separated 30 months ago, he moved out and I’ve remained in the family home with our 10 year old. I’ve tried to initiate divorce proceedings 3 times and he’s failed to acknowledge the papers every time. He’s moved in to his girlfriends house and is in and out of work, doing nothing it seems to get his own place or get on his feet financially. 

He’s asked me to delay divorce proceedings until he sorts himself out. Although I feel like it’s just further procrastination I’m prepared to do that. However what’s really bothering me is he’s left all his personal processions here. I’m not talking marital assets, I mean his stuff. The garage and third bedroom is unusable as a result. It’s starting to effect my mental health. 

Do I have any legal remedy to compel him to remove his processions in advance of a divorce? We both own the house. 

You say you both own the home so I'm guessing theres no mortgage for him to pay?
He is using his home to store his belongings, so really there's not a lot you can do there I don't think. 
You say you can get an injunction if he was to move back in, do you have grounds for this (I appreciate we only know a little of the story), as they aren't easy to get.
What is his reasoning for not wanting to divorce? 

I’m not concerned about him wanting to move back in. As for his reasons for not divorcing, because it doesn’t suit him. 

elsien

74jax was making the point that you referenced taking out an injunction in the unlikely event that he did want to move back in, and injunctions need proper grounds, not just that you don't want him there. In the meantime even if he is not living there it is his house as much as it is yours so he is entitled to keep his belongings there.  
Perhaps it may be more effective to say to him that if he wants time to sort himself out without you suing for divorce without his consent, then him putting at least the items from the bedroom in storage (or coming to sort them out) is part of the deal. Can you not get any more stuff in the garage where at least it will be out of sight?

sassyblue

Why haven’t you had him personally served with the divorce petition? Don’t use the court's bailiffs, employ your own who will often go above and beyond to serve the papers.

There's not much you can do really. Pay for storage yourself? You both own the home and you say you could get an injunction to bar him from the home yet also that you don’t mind him wanting to moving back.  Which is it, because 74jax is correct, it’s not easy to get an injunction and it’s costly - especially when he’s been away from the home for so long and you are in contact with each other.  It doesn’t sound like your safety is an issue.

if you want his stuff removed then you'll clearly need to arrange this yourself. You say he wants to have his cake and eat it, but you are in the home. When you get divorced can you afford to keep the home on and pay him off?

RAS

Who is currently paying the mortgage?

74jax

RAS said:

Who is currently paying the mortgage?

The way it reads there's no mortgage, they both own it and both contribute to the bills. Although he isn't paying child maintenance for some reason.