Right Of Residence (In Family Home) Question

Retrochic | 10:29 Tue 25th Aug 2015 | Civil

43 Answers

Scenario: (not mine thankfully) Husband has house and pays very small mortgage on property, wife does not own house and has not contributed to mortgage payments. They have lived in house 5 years. They have one child under the age of 16. Marriage is completely over but husband refuses to leave,point blank. Wife has no skills and is a self employed cleaner with no credit rating as husband bought everything in his name,credit cards HP etc. so cannot try and get a rental house in the private sector. I've heard on another thread that a woman with a child has 'right of residence' in the family home and can legally make the man leave. I can't find anything on line about 'right of residence' except stuff that relates to immigration . The woman in question does not want to make herself 'homeless' as she fears her child will be persuaded to stay with very domineering father who will prevent the child from seeing her. .Can anyone give any correct info on this please so I can pass it on.

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Barmaid

Best Answer

Retrochic, bear in mind I know nada about divorce. She is probably going to be looking at obtaining an occupation order - ie an order from the Court that she occupies the former matrimonial home with the child and he moves out. He has the means to do so, she does not. There are a couple of websites which are quite good on this type of thing. One is wikivorce and one is a...

10:43 Tue 25th Aug 2015

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EDDIE51

She would be well advised to talk to 'Relate' the relationship guidance charity. ( used to be know as 'Marriage guidance')
They will be able to tell her where she stands from the legal point of view.
http://www.relategms.co.uk/
They help anyone, married, or not gay or straight. Once she knows what the legal position is she can try to come to an arrangement with her husband.
Some of the advice offered here so far is just plain wrong or years out of date!

Retrochic

Question Author

Thank you for all replies. I think an 'occupation order' is what she needs along with legal advice and I will pass this info on. The fact there is something she can do through legal process to stay in the house is what she was wanting to know so thanks.

EDDIE51

The CAB will offer her free legal advice as well , if she would rather talk to them. What is important is to get the correct legal position clear. CAB are good with other aspects as well, financial advice, benefits and more.

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