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jusleen
jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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My Egyptian husband won't leave. I have two young children

Customer Question

my Egyptian husband won't leave. I have two young children and pay for everything he's overstayed his visa and has applied for an extension but I don't support it. The UKBA won't help neither will the police. He won't accept that I don't want him. He says it's his house and needs to be with his kids. He takes drugs and is emotionally abusive.
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
I want to know what I can do to get him out
Expert:  jusleen replied 1 year ago.
Hello my name is***** and I am a Family Solicitor. I will try and help you. In order for me to help I will need some additional information from you. Can you confirm who owns the property or if it is rented, who is named on the tenancy agreement? In addition, you mention that you have had to seek police assistance, what exactly happened?
Customer: replied 1 year ago.
This property is privately rented. The tenancy agreement has recently expired. The current contract has both our names on it. He doesn't however contribute to the household at all or the rent. My mother called the police because he had me trapped in the house with no phone or keys also previous to this I had found drugs on my kitchen counter where my 18 month old could have easily grabbed them. This is the reason we had argued. He has never hit me but has come close and threatened violence several times. I work full time and provide for my children, he works but doesn't give me anything. I've asked him to leave several times but he just won't
Expert:  jusleen replied 1 year ago.
Hi there you could make an application to transfer the tenancy into your sole name under the Family Law Act. Here is a link for the form that you will need http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050b-eng.pdf. If you need help in filling in the form you can either consult a local solicitor to assist you or alternatively you may be assisted by the local Citizen's Advice Bureau who may be able to assist you.
Customer: replied 1 year ago.
I am in the process of doing this through my land lady. This will happen shortly. Do you think I need to employ a solicitor to gain a restraining order. I really don't want my children upset but will do whatever is needed to keep my children safe
Expert:  jusleen replied 1 year ago.
Hi if your landlady is prepared to agree for the transfer without your husband signing the transfer of tenancy form then you don't need to go to court. If she needs his signature and he won't sign then you will need a judge to order the transfer as explained above using the form on the link provided.
If you are concerned that your husband will turn up to cause a nuisance or to see the children whilst you have concerns about his drug usage and suitability then you can make an application to court for a non molestation order to get an order protecting your person. You need to pick up form FL401 from the court and file this with a supporting statement setting out reasons why you are scared of him. In relation to the children you will need to apply for a child arrangements order for the children to live with you.

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