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Right Of Residence (In Family Home) Question
Scenario: (not mine thankfully) Husband has house and pays very small mortgage on property, wife does not own house and has not contributed to mortgage payments. They have lived in house 5 years. They have one child under the age of 16. Marriage is completely over but husband refuses to leave,point blank. Wife has no skills and is a self employed cleaner with no credit rating as husband bought everything in his name,credit cards HP etc. so cannot try and get a rental house in the private sector. I've heard on another thread that a woman with a child has 'right of residence' in the family home and can legally make the man leave. I can't find anything on line about 'right of residence' except stuff that relates to immigration . The woman in question does not want to make herself 'homeless' as she fears her child will be persuaded to stay with very domineering father who will prevent the child from seeing her. .Can anyone give any correct info on this please so I can pass it on.
Answers
Retrochic, bear in mind I know nada about divorce. She is probably going to be looking at obtaining an occupation order - ie an order from the Court that she occupies the former matrimonial home with the child and he moves out. He has the means to do so, she does not. There are a couple of websites which are quite good on this type of thing. One is wikivorce and one is a...
10:43 Tue 25th Aug 2015
Matrimony law changes like the tide to include same sex marriage. Under Matrimonial law minors remain with mother in matrimonial home or home is sold and divided equally between parents after divorce.
Property division etc
https:/
DIY divorce
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Property division etc
https:/
DIY divorce
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It's not so clear cut in reality though. If the house is worth £500k and the husband earns minimum wage the court may decide that the house be sold if there are cheaper houses in the area and there is sufficient equity in the property.
This would mean that the child doesn't have to change school and both mother and father can be housed.
This would mean that the child doesn't have to change school and both mother and father can be housed.
If there is argument over where the child lives and who with,it will be decided by the family court who have just one overwhelming consideration. That is to do what whatever is in the 'Best Interests of the Child'. I do not know about the other aspects, but I am sure of this. NOTHING can come before 'the best interests of the child' all other considerations are secondary to that!
Thank you Eddie. I don't think Divorce is on the cards at the moment (think they are catholic) but the lady just wanted to know if she could legally make her OH leave the house to ease the situation and give them some breathing space before more formal arrangements. She told me he's of the opinion 'you go I'm not bothered' but she has the child to consider and is not prepared to throw herself out onto the street homeless or leave the child with him for reasons I'm not prepared to go into.
sorry i do not know the law. However, if the marriage has broken down, perhaps there might be some negotiating that can be done if the husband does not want to leave over whether he helps her pay for somewhere else to go? It can't be nice living with someone you hate, for him either. Does he work? people are assuming that he has money, but perhaps he doesn't. She is working, could she afford somewhere on her wages?
Divorced or not if this has to be decided by a court the ONLY possible outcome is as I explained. Each case is decided on it's own merits and circumstances, there are no 'rules ' or 'rights' other than those of the child/children.
(If there is more than one child involved the rights of each child are decided individually so the outcome can vary for each child. )
(If there is more than one child involved the rights of each child are decided individually so the outcome can vary for each child. )
I'm glad this is not my problem it must be a horrible emotional upheaval. My question was prompted by another poster on another thread who has left her husband and is in temporary accommodation but is moving back into the matrimonial home with her children because the council has said she has 'right of residence' . That poster as far as she has said,has not yet proceeded with formal separation orders.That was why I was inquiring as to the Law concerning this.
Bruv had DIY divorce when wife & teen kids occupied home. Magistrate awarded 50% share after sale of home demanded within 2months. Bruv paid £200+ court costs & wife paid own solicitors legal costs £6k. This was 10y ago.
The only way your friend can claim property is via divorce when she will be entitled to 50% , regardless of hubby's ownership.
The only way your friend can claim property is via divorce when she will be entitled to 50% , regardless of hubby's ownership.
Retro Seems to me she is making things difficult for herself. She doesn't want divorce or anything from the house except to be able to live there for 2 or more years. Does she want a formal legal separation or - as Barmaid says - an occupation order? If not, then she has no alternative but to try to come to some arrangement with the husband. In practice, if he won't go that means them both continuing to live in the house but pursuing separate lives.
In reality she will only get any kind of certainty if she is willing to take legal advice. If she wants to be able to get him to leave the house she won't succeed without a Court order if won't go voluntarily.
In reality she will only get any kind of certainty if she is willing to take legal advice. If she wants to be able to get him to leave the house she won't succeed without a Court order if won't go voluntarily.
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