Husband had an affair, how do I get back into my house?

[SamanthaC]

I found out 3 months ago my husband was having a affair and had been for the last 10 months. I had my suspicions but he always claimed I was crazy and stupid.

Then one night she called me from the hotel. I moved out of the family home that day with my 3 year old son into my parents. I left the family home as we only relocated 14 months ago and he has no family. Now 13 weeks on it is common knowledge that he is in a relationship with this girl and has been staying at my house, which I am still paying half for. I want to move back home but he won’t go and apparently I can’t kick him out. Help please, it’s so unfair and I am absolutely heartbroken.

[Empty]

Is the property in both your names? Have you got a solicitor yet?

[SamanthaC]

Yes both our names and we r both paying half the mortgage.

Yes I have a solicitor and she says I can move back home but he doesn’t have to move out. He won’t move out, I have asked him and told him best interests for our son but he won’t. He wants to sell the house and move on.

currently my son and I are sharing a bed at my parents house.

[SamanthaC]

Thank you, can I ask your advise what would you do?

 

[Empty]

Force the sale. I have heard of cases where the resident parent does get the home until the children have finished education (one father had a bailiff turn up on his doorstep with police telling him he had an hour to pack and leave). However, I’m not up on the legality of this. If your solicitor doesn’t know or doesn’t think you can, then drop that notion. Sell the house and take your share (in court you may actually be awarded more than 50% regardless of the deeds if it relies on finding a suitable home. That’s a bit unfair on the father, but that can be how it works.

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