Right Of Residence (In Family Home) Question

[Retrochic]

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.

[andy-hughes]

I would suggest that the lady's first port of call should be the Citizens' Advice Bureau - they have staff experienced in dealing with this kind of situation.

Failing that, she could see if a local solicitor will offer some pro bono advice.

[murraymints]

retro..in Scotland at least, the wife with any kids under 16 have the right to remain and property may not be put on market at all for husband to get his share as it were until such time....I have witnessed this scenario here many many times.....

[murraymints]

as the youngest child is 16 ^^

[Retrochic]

Thanks Andy - I've told her this, but thought someone on here may have had personal experience.

[Retrochic]

Murraymints -This is in England, property is small terrace house and he owns it all, she is not on the deeds,he inherited it from family and got a small mortgage in his name to renovate it. I don't think if it was sold she would be eligible for a share.

[Barmaid]

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 site run by a lawyer called Marilyn Stowe (NB I dont know her I ought to point out, I have just used the site when dealing with a personal issue).

[andy-hughes]

Retrochic - I am reasonably sure - but by no means certain - that the input into a family home by both partners - including a non-working wife - are taken into account when dividing the value of the property after sale.

I am also fairly sure - but again not certain - that if the child is in full-time education until the age of 18, the property is classed as his or her home, and may not be sold while he or she is living there.

[ummmm]

She could get a rental property if she pays up in advance.

Why should she be entitled to a property she's paid nothing towards just because she has a child?

[Retrochic]

Ummmmm she is a cleaner -pray tell where she's going to get the 6 months up front rent + bond she would need to get a private landlord to give her a home.

I did not say she had any right to any money from the home, and she does not want money from the home.

[Retrochic]

Barmaid, thank you so much for those two links, I shall pass them on.

[VHG]

>>>Marriage is completely over but husband refuses to leave,point blank.

Why should he ????

You make him sound like some ogre, plenty of marriages are not great, but that does not mean to say the husband should be forced out of the home.

[murraymints]

same here Andy if child remains in FTE up to 18 if not 16 when they are deemed to be able to earn a living

[murraymints]

alas VHG it is the the child's right that are considered...

[ummmm]

Murray...the child has two parents. He/she could stay in the home.

[Retrochic]

VGH I have not mentioned at all what her husband has said or done so how can you accuse me of describing him as an ogre? I have been told the marriage is over -I don't need to know the ins and outs and neither do you. He refuses to leave the marital home and my question was has the wife any legal right of residence. I am not being judgmental or taking sides so I suggest if you have nothing constructive to say that you button it.

[ummmm]

And Retro...how are we suppose to know their finances? For all we know they could have a joint account and she has access to plenty of money!

[murraymints]

just the way it is here UMMMM the wife is regarded as primary carer unless there is a very good reason otherwise

[Retrochic]

Ummmmm are you suggesting this woman leaves the family home and leaves her child?

[murraymints]

the person to whom child credit is paid to is regarded primary carer

[murraymints]

and finances play no real part in it..it is regarded the child's home until of an age to fend for themself