How do I get a divorce if my husband won’t leave?
You can still petition for divorce even if your husband won’t leave, however, if this is the case, it is likely to be a stressful and frustrating process. If there are children involved, it is likely to be an unpleasant environment if you want to separate but your husband is unwilling.
Under the new divorce law, one person can file for divorce and go ahead with the process even if the other contests.
Does my husband have a right to stay in the home?
Whether the home is jointly owned or jointly rented, both spouses will have the right to live and remain in the home.
Depending on how the house is owned, whether “Joint Tenants” or “Tenants in Common” this will determine the level of ownership. Joint tenants own the house 50/50, whereas Tenants in Common may have equal or unequal shares in the property depending on the setup.
If the home is just in your sole name, since you are married, your husband has a right to occupy the home.
On the other hand, if you are renting and the tenancy is in your name, you may be able to ask your husband to leave if he has not secured his right to be there.
Step 1: Talk with your husband
The first step is to try and negotiate with your husband and understand why he does not want to leave the family home. You may be able to decide what to do next by communicating. However, this may not always be possible if the breakdown is unamicable.
You can ask your husband to leave, but it is important to note that someone cannot be forced to leave their family home unless there is a safety risk such as domestic violence. In this case, the police should be contacted. You could also apply for a non-molestation order through the courts if your husband is being violent or causing harm.
Even if the house is in your name, you cannot force your husband to leave just because you want to divorce him when there are no safeguarding issues.
Step 2: Seek help from a professional
If you are unable to come to an agreement between you, it is a very good idea to get advice from legal professionals such as legal advisors or through mediation. Mediation may be able to help you both come to a reasonable agreement with advice and guidance from a trained mediator. Knowing where you stand is vital and will help you to take the right steps.