Legal Question in Family Law in United Kingdom
Inhabitation of family home
My husband and I have drawn up a legal seperation document stating he will live elsewhere and I will stay in the marital home with our daughter until she is 18. I have signed my copy but he is yet to sign his. Last night he contacted me to give me one weeks notice that he was moving back in. We cannot live together. Where do I stand? Can I force a sale of the house?
1 Answer from Attorneys
Re: Inhabitation of family home
I am afraid that there is no middle ground between agreeing everything on a separation and having everything decided by the court which here can only be done in divorce proceedings.
Although separated you are still legally married and whilst this continues the mutual obligations of support together with the rights under the Matrimonial Homes Act mean that your husband is entitled to live in the matrimonial home. If you cannot agree to this and if your husband will not agree to stay away it would appear to be a divorce situation where these issues can only be resolved following the filing of a divorce petition.
Regards
Andrew Dutton
www.legal-zone.co.uk
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