Where do I stand if he won’t leave the shared home?

[Bamb00zld]

Any advice on where to start when you want him to leave (due to emotional abuse, n**********c tendancies) exacerbating hidden disabilities.
(detail removed by moderator). I don’t want to move the kids somewhere and unsettle them but I believe for the sake of our mental health and hidden disabilities we need to not leave with him. No Frank adult conversation about it can occur as I’m to blame for everything, I make it worse and he is infallible. Not to blame and carries on as he pleases. I feel stuck.

[Marmalade]

Hi Bamb00zld,
Unfortunately it is difficult to get someone out of a jointly owned property in the short term if they refuse to leave. He has a right to occupy and unless there is serious abuse (usually, but not always involving violence) the courts are unlikely to order him to leave.
The place to start is probably to get some legal advice on your position from a solicitor who practises family law. Some offer a first 30 minutes free consultation. They will be able to set out your options.
If you are married and intend to start divorce proceedings then the house will be sorted out as part of the divorce. If you are not married then a solicitor can tell you what rights you have to the property and what share you would be entitled to.
The only way to get a partner out quickly because of abusive behaviour is an occupation order. This is a draconian court order, restricting someone’s rights to occupy their property and only made in serious cases, usually threats of/actual violence/serious abuse causing harm.
If you have a local DA support agency then you can also contact them for advice as well as a solicitor. The WA chat on this site can signpost you to your local DA agency. The DA agency and a solicitor can advise you on the options available in your particular circumstances. They can also advise you on housing options if you decide to leave.
Good luck.

[Author]

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