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dizzydeb · Feb 17, 2012, 09:16 AM

I am separated from my husband he forced me from our marital home and moved his girlfriend in, it is mortgage free and I am a co owner 50/50 split. I am living on Â£60.00 per week trying to pay every thing myself. He on the other hand earns in excess of Â£55,000 per year and his girl friend is also on good money. Can I charge rent for my share of the property. Thank you

ballengerb1 · Feb 17, 2012, 09:47 AM

"separated from my husband he forced me from our marital home " was this done through the courts? You can try to bill her but if she does not pay you can't evict without the cooperation of your husband

dizzydeb · Feb 17, 2012, 12:24 PM

The property was jointly owned but on solicitors advise forms have been signed to become co owners rather than joint owners

Fr_Chuck · Feb 17, 2012, 02:58 PM

How were you forced out? Was he given control of the property? Where you evicted by the courts?

ScottGem · Feb 17, 2012, 04:43 PM

I think you need a new solicitor. Did your solicitor explain why co ownership was different from joint ownership?

But it is unlikely you can get away with charging rent.

dizzydeb · Mar 7, 2012, 03:54 AM

My leaving the property was not throgh the courts, my husband has been mentaly abbusing me for a number of years, he left the marital home and was living at his sisters while him and his girlfriend was doing up another property for them to move into. They then deceided between themselves that they would rather move into the marital home and with threats of forcing his way back into the house bringing the police with him if needed, I left and went to a seasonal holiday home we also own through fear of what he would do. I had never stopped him coming in and out of our home, I had not changed the locks but I did drop the latch on the front door when I went out and used the back door which he did not have a key to because I didn't want him coming in and out with her if I wasn't home. Since he forced me out he has changed locks front and back, while all my personal bits are still in the house, he has told me if I go anywhere near the house he will have me arrested and his girlfriend is wearing some of my clothing.

ScottGem · Mar 7, 2012, 04:14 AM

First, he did not force you out. He intimidated you into leaving. There is a difference. But the bottom line here is you need a good solicitor to sort this out. You have the same rights to the home has he does. You can't keep him out and he can't keep you out. His threats of calling the police are empty since you are a co-owner. Not that I'm recommending that you try to go back, just pointing out that you could.

You need to file for divorce and hit him for support and a settlement of the marital assets.

AK lawyer · Mar 7, 2012, 06:01 AM

Originally Posted by dizzydeb

... threats of forcing his way back into the house bringing the police with him if needed, ...
he will have me arrested ....

As ScottGem told you, the police are not going to arrest you for being in your own home.

Talk to them to verify this.

Then, next time he threatens to use the police against him tell him to go ahead.