Advice Required urgently please

[molliemoo]

To cut an extremely long story short...

I currently live with my husband but we have been separated for 3 years.

It has always been quite amicable until now. We have 2 children. I am not on the mortgage or the deeds.

I am the main carer for the children - e.g i do all school runs cooking cleaning washing, parents evenings, sports days etc. He does none of these things and works long hours and is out most weekends.

I have been seeing someone else for about 6 months - which he knows about.
But last week he got all arsey because he saw a valentines card which was not left in plain view so must have been snooping, and now says i need to move out.

Told him that i have every right to live in the marital home until we are divorced - which i have been told by a solicitor.

He has today brought me a load of boxes with no words at all. Just a text saying im to move out and leave the kids with him!!

1. Does he have any legal right to ask me to leave
2. If he changes the locks (which i have heard him on the phone to a mate arranging) what am i legally allowed to do.
3. If he does have the right to make me leave am i within my rights to take the children with me as he seems to think he should have them even though no divorce or custody arrangements have been made

I am on a low wage and am entitled to legal aid, I have rung the solicitor but am awaiting a callback. Any advice in the meantime would be gratefully received

[molliemoo]

Apologies for going on so long but also he has said he going to sell the flat before we get divorced. Where do i stand on this

[Kristal53]

Get the locks changed yourself this afternoon then get ready to call the police when he comes back. Or......pack up your things and your kids and 'disappear' - if you can find a friend to give you a roof over your head until the council can sort you out with a place (which they will). whatever you do do it quickly before he can try and throw you out without the kids.

[tonywiltshire]

The first thing to say is do not move out. It is a myth that just because the property is in your husband’s sole name you have no rights, you do, you have matrimonial home rights and you can register your interest at the land registry, which will stop your husband selling the property. If locks are changed you are able to break in, or if there are any threats of violence (I do not say there have been) you should call the police.

As children and property are involved you should certainly consult a solicitor, legal aid is available, but can be difficult to obtain, the problem with legal aid is the rates are so low it is often difficult to find a good solicitor who will work for these rates, but they do exist. If possible try to agree with your husband an amicable settlement the court prefer to rubber stamp an agreement rather than impose one. See a solicitor as soon as possible and remember you do have rights.

[antpdeana]

I would say, he has no right to ask you to move out, just as you have no right to ask him to move out, irrespective of whose name is on the deeds, and who is paying the mortgage, the property is marital property and you both have legal right to be there, until a judge orders otherwise. This would apply to all other property and debts in the marriage, he also cannot sell without your permission, perhaps you should go back to your solicitor, and ask he to apply for some sort of court order to stop him selling, once the order is in force, if he goes ahead and sells without your knowledge, then he is in contempt of court, and could be sent to prison, judges don't like people doing things, when they have decreed they can't

[molliemoo]

thanks for all answers, much appreciated x

[abstibus]

Domestic violence is not just physical. Get in touch with Women's Aid for their advice:
http://www.womensaid.org.uk/
You can find a local office and phone in complete confidence.