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I have been struggling with emotional and financial abuse for nearly (timeframe removed by Moderator) years but now I can see it happening to my children I am done. I always thought I could put up with any abuse for the sake of my children, but following 2rounds of therapy I can now see that I am not protecting my children, I am damaging them by keeping them in that environment. I am not married but we have a joint mortgage. I have told him I don’t want to be together anymore and he is trying to kick me out of my own home! We relocated out of (location removed by Moderator) a (timeframe removed by Moderator) ago so my main support system is (distance removed by Moderator) drive. My children go to school here and I work here, I have no options but to stay and I refuse to be kicked out of the house I helped create. He sold my car (timeframe removed by Moderator) and now I have to use one of his cars when I want to get around. I don’t want to leave my home but I don’t think it’s healthy for me to stay in that environment and for my children, ages (ages removed by Moderator), to hear those things said about their mother (many sexual insults and comments about my body). He has tried to kick me out several times but has told me I am not taking the kids. I am at a loss of what to do while I try and sort out a plan with my house and at this point i am not even sure I am doing the right thing anymore I am so lost
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Hi Mamabear03
Your situation sounds v difficult.
As you are not married your options with the house are more limited. If it is in both your names and you are joint owners then he legally can’t kick you out as you are both entitled to live there. Even if he changed the locks you would be entitled to get back in. The same, however, also applies to him.
See a solicitor who can give you some legal advice on your situation. Some solicitors offer the first 30 minutes free so make sure you have a list of points to discuss so you don’t waste any time. Look for a solicitor who does family law.
It may be the only option is selling the house and dividing the proceeds if you are separating. It may be that as joint owners named on the title the equity is split 50/50 but speak to a solicitor in case you put unequal contributions in and were said to be tenants in common when you purchased instead. You need to be clear on your entitlement on sale.
You can ask your solicitor for advice on occupation orders but they are only granted in serious cases so can be quite hard to obtain. The bar is high as it is draconian to force someone out of their home. Be aware that these orders are generally only for a short period of time like 3 or 6 months anyway so they are not a long term solution.
Realistically you are probably looking at a sale and division of proceeds but ask your solicitor to set out all the options so that you know what is available to you.
Good luck.
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