My daughter in law has decided she no longer wants to be married to my son (for no good reason other than she is fed up). They have 3 year old twins. He is a fantastic father and does not wish to leave his home (that he jointly owns) and boys. Has she the right to make him leave prior to any legal separation or divorce?
I was saddened to read that your son is in this situation with his wife and two young children. As for the question of whether your daughter in law has the right to tell your son to leave – the answer in short is no. Your daughter in law would need to get a solicitor, and go to court to obtain an order to force your son from the family home.
Valid Grounds for Divorce
You have mentioned that your daughter in law is merely ‘fed up’. This is not a valid ground for divorce unless your son was willing to accept that the marriage had irretrievably broken down. There are five ways that this can be proven:
- One spouse has committed adultery
- One spouse has behaved unreasonably
- One spouse has deserted the other for a minimum of two years
- Both spouses consent to separation and have remained separated for at least two years
- One spouse has decided to separate from the other spouse (without the other’s consent) for a minimum period of five years.
Children and the Family Home
If your son decided that his marriage had become unbearable so that he chose to leave voluntarily, that would not have any effect on his ownership of the property – he would still be the joint owner.
In the event that your daughter in law does decide to pursue divorce proceedings, the court has wide ranging powers in relation to visitation rights and what happens to the family home. If the worst does come to the worst, your son has legal rights in relation to maintaining contact with his two children.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Marriage Help
It may be worth suggesting (obviously without wanting to look as though you’re interfering) that your son and his wife could try to address their problems, either by approaching Relate (www.relate.org.uk) or another marriage guidance service. Using this type of service is not a sign of weakness in a marriage, rather that the two people involved are adult enough to want to work together for the sake of their marriage and their children. If your daughter in law has left it until she is ‘fed up’ with the marriage before telling your son she feels this way, they may as a couple benefit from improving the way they communicate with one another.
I really hope that your son and daughter in law can address their issues without having to resort to separation or divorce.
Someone I know is divorcing their husband.
The husband has agreed to selling the house but claims by living there his mental health is deteriorating as is his physical.
The (soon) ex wife has come up with an ideal plan to mortgage the house with her sons in it so that she can give him half the value of the house and he can leave immediately.
He is refusing this plan due to pride even though he would be getting the exact same amount of money.
Can the husband be forced out of the house via this method due to him causing a deterioration in many peoples mental health aswell as him staying for an increasingly ridiculous reason. Thanks
We talked about separation and divorce with my husband, he went through angry phase, then sad phase, now pretty much all he thinks about is financials.
He has no friends and not in touch with his family, and I think he realized that he'd lose the kids not only me (I don't think he ever really loved me anyhow but does say he loves the kids).
If we divorce, how is it decided, who keeps the children? Do the kids have a say in this?
Since months now, he is bribing the children with all sorts.
He was basically a guest in our life for 13 years, only realized the last year that he also has parental responsibilities. He is very smart though, and I'm so afraid of going into a divorce 'war' with him that considering now staying in this marriage even though I feel physically and mentally unwell if I'm in the same room with him for more than a minute.
Pls help ????
We had a baby boy in June 2019 and since, she has become cold and distant. In October 2019, after a week or so of quite heated and nasty arguments, she moved out to her parents and took our baby with her.
She refuses to let me see my son alone and will only let me see him at her parents house.
At the time she left, I behaved in an angry manner (verbal, not physical). She said that I needed counseling for my anger, which I did and I was also diagnosed with Anxiety and Depression by the doctor and am on medication for this.
She now says that she needs to move back into the house and that she’s to frightened of me for me to stay there too, meaning I have to move out, even though I moved away from my family home to be with her and now have nobody to stay with as the only people I know up here are her family. She’s also talking about divorce.
My question is, does she have a right to stop me living in my own home, to stop me seeing my son and can she go ahead and get a divorce even if I don’t want one (I believe that she is suffering with post natal anxiety and isn’t thinking rationally at this moment in time).
What are my rights can she get me removed from the house ?
enough Iam going to divorce him
we have a house in my name (owned) we rent it out
and a small flat that until last November we was renting out
We decided to move into the flat and renovate it we have lived there
a year we are now “separated “ he has put a lock on the living room
door and I have had to put a lock on the bedroom door
We are now just sharing the rest of the flat
this has been the case for at least a month
He has emailed me saying he getting an occupation order and
is going to kick me out
He has cleared the joint account
He has transferred money into other accounts
he only gave me money when I asked
he totally taken over everything financially
I cannot kick the tenants out they have 2 young children
he tells me to go live with them even if I could there’s no room
Can he get this order with no proof?
He now says Iam the one who is abusing him that I’ve been
physically abusive to him
He already changed the locks when all this came to a head
I had to get the police to get me in
Please anyone any advice or been in a similar position?
Thanks lilly
My wife and I have been married for 6 years with a 5 year old daughter. Over the last year things have broken down to the point that she is demanding I leave the house. We have been in a cycle where she wants me to leave, then wants to try again, then wants me to leave... The bad times are becoming more frequent and more vitriolic. The good times are generally started by a request for me to take us on holiday or pay for car repairs or buy new furniture. When we met we both owned our own homes but she was struggling to meet the mortgage payments. She sold her house, moved in with me, we married, had a child and moved to a different house with shared ownership. I then spent £45K putting an extension on the house only to be told just before it was finished that the relationship was over. You can imagine from this that i do have a suspicion that I have been used but I genuinely think this isn't the case. We have different approaches to life, my wife won't go into debt but would spend every penny she had whilst I am more conservative and want to plan for the future. We are older parents (mid 40s) and are likely to be supporting our daughter into retirement if she continues in education through to a degree.
My wife has stated that she is depressed and that I am the main cause of it. She won't seek professional help as if I just go everything will be better! She wants me to move out immediately but to continue to pay all of the existing household expenses including food, utilities, clothing etc. Her constant threat is that if I don't do this she will make access to our daughter as difficult as possible and "ensure our daughter knows how bad a person I am".
If I do move out I will be paying child maintenance, this is not an issue, and will likely continue to pay the mortgage. I am pretty much resigned to, in the short term at least, paying some of the household bills.
Anyway, my questions are:-
1) Should I be transferring all the bills into her name then just paying her a set amount each month?
2) My wife has access to a credit card which i pay, should I cancel that?
I am in contact with a solicitor but would like some advice to, if nothing else, cut don on the legal bills.
Thank you
My husband, who is in a very high powered job and who works away a lot is basically unable to cope with them. In addition to this, the nature of his job has now made him become more and more controlling. When he is away from home family life is a lot easier.
When he's here despite the fact he's hardly seen us, he's very moody and aggressive. Although he's never hit me the aggression and controlling are becoming worse and he can be very rough towards the children and imo frightening. He has also on occasion smacked them. I personally don't think his parenting is acceptable but tho I've said this I have always stopped short of reporting him. He regularly shouts and swears at me and around me and the children. He undermines me and on occasion when I try and speak to him makes out it's all me and in my head. I have asked him to speak to a GP, psychologist and also suggested marriage guidance but he didn't want to know.
Life is hard dealing with 2 small children with issues. When he blows up at them and takes it out on me, which often happens, he forgets I too am living with it aswell as him and his moods and temper.
I have tried for years to fix it but I really think we're at the end of the line. I really don't want to live the rest of my life like this. I have pretty much made up my mind we're over. He has admitted things arent good but seems to thinks its temporary and we'll 'get our lives back' at some stage. I just cant see a future and I have now also committed adultery. I alwats believed children were better in a 2 parent family but my children often shout at me the sane way he does and i see the negative impact its having. I really just want to move on with my children and be happy. We've spoke briefly in past....well I have...about separation but he didn't want to know and has said he's not leaving me and our children and if I want to go I can but I'm not taking the children either. I don't work and I'm primary carer!
On account of my work status I really don't know what to do? Leave? Stay? Try and encourage him to go.....in addition I don't know my rights. We have a fairly large house with a large degree of equity and a mortgage with only a few years to run....but without a job and nowhere to go I don't even know where to start.....help!!
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