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!!
We have been together for 17 1/2 years and married for 13 years. The house is in her name as are the bill's. In the last 5 years she has been diagnosed with autism. However for a long time she was very depressed. I had to give my job to take care of her. I am now on benefits as a carer. I get carers allowance but all of my income support goes to her. Has she the right to evict me, and do I have any rights.
She is not named on the mortgage, never paid towards the mortgage and contributed very little to the upkeep of the home financially.
She has now decided she cannot afford to stay in the flat she is renting; whilst still pursuing a relationship with her work colleague, so is threatening to move back into the house, unless I buy her out; can she do that?
My Son from a previous marriage lives with me, but we have no children together.
He has now said he has no intention of paying off the mortgage and wants to get a lifetime mortgage of £150,000. The equity is about £250,000. We have 5 children; 2 each from previous marriages in their 40’s and one in her 20’s who is a post grad student. My deep fear is that if I predecease him he will change our mirrored wills and leave out my children from my previous marriage or if he predeceases me I will have a large debt I have no means to pay off if he leaves his pensions to his children. I am not entitled to any state pension for another 3.5 years.
Bombshell occurred last year. I thought our joint savings would be used to pay off the 5 year mortgage taken out when he was 65 but instead, in the presence of our IFA, he said he intended paying it into his wrap ISA pension. I was so shocked I froze the account the following day. I am constantly threatened to release these funds. Can I request maintenance from him if we divorce? I have enough savings to support myself for about 1 year but it seems unlikely I could get a job at my age. We live about an hour away from any sizeable town.
Please can you advice if I can apply for court order to give him dead line to move out because we have been divorce for more than a year and live seperated 8 years already. Why he can do what he want and I just have to suffer them?
Im looking forwards to hearing from you soon
Many thanks
Hanh
I have divorced my wife (divorce processed back home as we got married over there), she is still leaving with me, I am the sole tenant of this housing association flan, and she is delaying moving out. She had applied for non molestation, and occupation order against me, thankfully both have been discharged. My ex wife has requested me to grant her stay in the property until 31/12/2017 prior for the occupation order to be discharged on 23/11/2017, I have agreed, and both have left the court happy. My ex wife is still living with me, no effort made to move out, I am helping her in finding a room for rent , DSS has granted paying for her room. I managed to find her the ideal room, she has never went to view it. I am now facing stress, anxiety, and lacking sleep.
Can any one please provide me with legal advice? What is the process? What order should I apply for? Your help is much appreciated
I’m in precisely the same position as you and of the same nationality. I would like to make contact with you if possible. Perhaps we could share tips through the process. Thank you
The flat is still only in my name. I need to rent a room out to try to manage the mortgage payments alone. I can't really do that unless I know my rights to change the locks.
I have read that she has a right to live in the property (if she wishes to) until the Absolute comes through & I'm assuming also access rights until that time.
But I'm wondering if her having vacated gives me any rights in this way.
So, can I change the locks? Anyone help please?
I spent 7 hours in jail before being released,no charges pressed.
She said she didn't want anything like that to happen but just them to warn me.
I am stepfather to a 13year old girl.
My wife tells me she can kick me out of my house,which I bought pre marriage and she can live here till the girl is 18? Is this true?
I pay all bills from day 1,surely this isn't fair?
I need advice please as soon as possible.
Last week it suddenly became that she doesn’t want to do counselling and wants me to move out of the martial home (the mortgage is in her name only as we agreed to move into her property). Should I get this in writing or in front of witnesses. One of my concerns is that at the moment it’s her word against mine and the abandonment clause could be enacted.
It feels like I am currently the only one wanting to make this marriage work.
I live with my wife in my mothers home, my wife is from Asia and has a 2 1/2 year visa which will expire in approx 6 months.
My mother is in her late 80's and has dementia, since getting married to my wife 2 years ago my wife has changed, she's verbally abusive to both me and my mother. She doesn't work and whilst saying she cares for my mother, she doesn't cook for her or even take her a drink during the day when I am at work.
My mother can't even sit in the living room and watch TV without her saying the most dreadul things. Our relationship has broken down and I can't see any way out of this. My wife's behaviour is now affecting my mother, to the point where my mother who was a very happy person now won't come downstairs unless I am in the house.
Last week my wife went into my mothers room and started shouting at her when I tried to get her to leave my mothers room she refused.
I have no idea what to do, my mother doesn't want my wife in the house, I want a divorce, I have no idea about an exit strategy as I am sure my wife will simply refuse to leave and I am very worried about what she will do to my mother when I am at work.
I'm at a loss as to what to do. I have a job but I'm not wealthy I have very few belongings but what I do know is I can't let my mum go through this anymore afterall it is her house.
This is a desperate situation.
Domestic violence towards me Jan 18.
However, my husband wants me to assist in purchasing a flat for myself with the intention of moving to this flat with my young children 5 and 10 years old. He inherited a house since 2014 . This is where most of the marital problems started.
Has he the right to make such a plan? I invested all my savings in the house we currently live in and I support him financially every month with the household bills etc.
He’s asked me to write a letter saying i’m the one who has asked him to leave and that it’s ok for him to get another property for him and the boys. Should I write this please?
We have had our ups and downs, but now every time we have a disagreement my wife gets angry and insists I have to leave, she has rang the police and says that the solicitor says I have to leave.?
We co- own a property. Is she right
Can you please advise if she should contact a laywer in London as well and if his complaint to the police cam affect the chila in any kind.
Many thanks
He said that if I don't leave, he will, meaning I can't pay rent and bills as I work part time.
I work for his company leaving also means losing my job.
If we get divorced would that harm my chances to get custody of the kids?
My health is not great and sometimes he is helpful to me. The bad outweighs the good by far and my entire family and all my friends want me away from him.
Sometimes I will tell him I want to separate and he threatens to do spiteful and cruel things to me. I would not be able to defend myself.
Here is the major problems.
1. He won't leave on his own. We rent so no owned house.
2. He has only a small retirement pension as even though I am handicapped I am the only one working.
He would have nowhere to go. Despite how badly I want out. I feel bad for him. I know I am messed up from having an abusive father and my husband is 28 years older than I am.
Are there agencies that can help him get a place to live? if I knew he would have a place he could afford as he is elderly I would feel better getting out.
Tired of being abused and want out. What can I do?
She can't get help to move out. So wants me to. I own property and she never paid any bills Inc mortgage.
I work full time so she has to look after children. She states she will give up house when kids old enough. Where do I stand. If I do move out. Paying mortgage on house and then whatever renting costs?
I am a house husband since I lost my business in 2015 and was made bankrupt the same year I keep the house tidy and take my children to school and pick them up make sure they are fed clean and happy while my wife goes to work and when she comes home have dinner ready for her I am also main carer for our youngest so who has learning disabilities .
My wife has told me I have to leave the house as she does not want to be with me anymore I know and realize my marriage has broken down and cant see anyway back but I love my children too much and don't want to leave them and just be a part time farther I am also concerned with my wifes mood swings as she has been nasty towards the children and her dad who lives with us this has been going on for some time both myself and her dad has asked her to go and get some counselling for these mood swings but she refuses to do so my wife holds down a very responsible job but when she comes home she is totally different due to her mood swings i also have no where to go and no where to live if i have do go but my farther in law tells me he would not make me homeless and i don't have to leave .
Could you advise me on my rights in this situation or point me in the right direction to get some help .
Yours hopefully
one broken hearted dad
My wife use to tell me to get out from her house (she is govt employer and the house has been alloted in her name). But from many months i was keep ignoring. every other time she use to tell the same thing in more stonger way. One day she told me you have to go from her house and i Denied. The she call 4 person from her department and all the person start saying me to leave.I told them that i will not leave without my child (only one child male 9 yrs old) I have called 100 (police) and police came and asked few question to my wife and my son. Then they told that they can not do any thing in family matter. They left. Since the examination of my son was going on. All the person who was called by my wife told me to leave the house for 15 days just think about your child future. and after 15 days all will sit and take decision. And i have left the house. I have locked one room also in the house.
Can you please advise me how to proceed from here? She is also not ready to keep my father and any one can not visit as a guest to her home. She is keep saying that she can not live with me and she want me to go. What to do now?
Thanks Ray
PS. she lives in BC me in AB
regards
katherine
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