My husband left the marital home jusrt over a year ago and moved in with his parents. He has contnued to pay his share of the mortgage. We have a two year old daughter. He is now in dispute with his parents and needs somewhere to live. He has given me an ultimatum. Either he moves back into the house, or he is going to put the house on the market. I am worried about the effect on my daughter's welfare and wellbeing in all of this. Can he insist on moving back in or sell the house without my permission? What do I need to do?
Province/Country relating to question : Chester, England
Talking to him, but we just go round in circles.
Is the property in joint names?
Yes, it is.
If the property is either the marital home (it is) or is in joint names (it is) then he is at liberty to come and go as he wishes. It may seem unfair, but that is the situation. Unless there is some threat of violence or there is some other compelling reason why he should not move back into the house, you are unlikely to get a court order to keep him out. You mention that you are worried about the effect on your daughter's welfare and well-being, but you do not expand further.
Unless the sale of the house would release enough money to buy you a house to home, your daughter and give him any surplus, he is most unlikely to get an order that house is sold until your daughter is 18 years old.
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The thread remains open. Thanks
Thank you for your candid answer. Just a further point of clarification if I may.
My husband shares access to our daughter and she loves her father. However, when we are together my husband and I argue constantly and this upsets my daughter. Also, there have been two occasions where the situation has become physical. His view is that if he moves back in we will have to agree not to argue, but this is HIGHLY unlikely.
So the next step would be to try to obtain a court order?
The next step would be to see a solicitor as making the application is not simply a case of filling the form in, but it is a bespoke application.
I will say (sorry) but from the facts you give you do not have a strong case to get a look in order for him to move out of the house. Do you see a solicitor who will take detailed instructions from you. Whether you got the order or not, would depend on what happens in court; he is saying you will agree not to argue you are saying that is highly unlikely.
Remember that he does not have to pay the mortgage if he does not live there. Although he remains liable to the lender.
My colleague Claire has also mentioned that if you start divorce proceedings, you will of course be able to formalise all the finances and house arrangements because, until divorce proceedings are commenced, you are not in a strong position.L
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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