My husband is an alcoholic, we have been married for 4 years and do not have children, I am in full time employment and currently the house we jointly own has no equity in it. I have moved from the property that we jointly own for my own safety. Since I have moved out he is now in arrers on the mortgage and utility bills, he has lost his job and is constantly drunk, with regular phone calls to the police and a&e due to his self harming. I don't want to lose my home but I am unsure of how to get him out of the property so that I can take it on myself, he is unwilling to leave and I cannot physically force him. What rights do I have to get him out of the home?if any?Kind regards Paula
System of Law: England-and-Wales
Asking him to leave. He has signed a letter saying he has given up all rights to the house, this is not a solicitors letter but a private agreement which he did not do as he has nowhere to live. A police officer advised me to vacate the property as he was unpridictable although he has never phsically harmed me.
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You mention you have moved out for your safety. Has he been violent towards you please?
Where are you presently living?
I am currently living in my daughters family home, as i stated in the already tried section he has never phsyically harmed me
Thanks. Has he ever threatened you or abused you emotionally in any way? Do you have police reports you may have made?
he has made false allegations to the police constantly and once had me arrested saying I'd stabbed him, which he had actually done himself.
emotionally I am drained, emotional abuse is constant as he calls daily asking for help, leaves messages saying he is going to kill himself, calls me at work everyday saying the same thing, I was signed off sick from work for 5 weeks due to stress and deppression
Thanks. You have a right to occupy the home. You can consider applying for an occupation order for the property. An occupation order is an order that regulates who can live in the family home, and can also restrict your husband from entering a surrounding area. As I presume I would be correct to conclude from what you say that you would not feel safe continuing to live with your spouse but you want to return and exclude your spouse an occupation order would be worthy of consideration
A breach of a non-molestation order is now a criminal offence and can be enforced both in the civil and criminal courts. THe police can be authorised by the court to arrest him if he breaches any order made
In order to apply you will need to make a sworn statement to the court about the physical and emotional abuse you have suffered being as precise as possible about all the ways you have been emotionally harmed, the dates and times (if you have them) and the effects on you.
This is the form you would need to use to apply:
Is there anything else I can help you with?
Can I help you with anything further?
That is great thankyou so much for your help this will help to get me started, at least i now know I have some rights
Kind regards Paula
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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