advice needed bout split with husband

[lynzmeek]

hi i was wondering if anyone could help me ive recently spli from my husband and on saturday he stole my car.i rang the police and they said as it was jointly owned there was nothing they could do even though the car is in my name.they said all i can do is get the car back does anyone know if i could sell the car then if he takes the car he can get done for theft.he is making things impossible for me and he doesnt even have a drivin licence or inurance.also i have changed the locks on my house if he enters the property is thee anything that can be done as it jointly owned aswell any advice would be great

[jadzia.dax1]

Hi,

 

I have just found this on the net but don't know if it applies to you though. I'm sure someone else who knows more will be along soon to offer more advice.

 

Sorry it's not more helpful

 

Who gets to live in the house during the divorce?

If children are involved, the parent who provides their primary care usually remains in the marital home with them. If you don't have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave. If, however, you don't have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but he or she doesn't have to. If your spouse changes the locks, or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door. When you both own the home, the only time you can get your spouse to leave is if domestic violence has been committed and a judge grants a restraining order.

[lynzmeek]

i have primary care of the children and my husabnd left of his own accord he is nw however saying he wants me to move out of the house with the kids.what should i do

[raydetinu]

You can certainly sell the car, but you need to get it back first.

Also if he is driving wothout insurance etc. you can report that and they may get your car back if they stop him whils driving.

[raydetinu]

i have primary care of the children and my husabnd left of his own accord he is nw however saying he wants me to move out of the house with the kids.what should i do

 

Suggest you see a solicitor asap, if you qualify for aid it will cost nothing and most do the first consultation free anyway.

You do not have to let him in, if he forces his way in on threatens anything just phone the police and they will remove him.

[tiglet]

Your certainly do need a solicitor on your side and very quickly - I learned that lesson the hard way.

[lynzmeek]

hi thanks for your replies i managed to find the car and get it ack so im going to try and sell it.he came to the house last night and had my kids in tears trying to kick the door in i rang the police and they told him to go and now my son wants to move so that his dad doesnt come banging on the door again he has got them terrified.so i am going to have to go and see a solicitor asap i think.

[enamae]

That must have been a terrifying experience for you.

 

I'm not sure of the procedure but have you thought of getting a restraining order against him?

 

Here's a link to some information on restraining order for you to look at.

 

http://fds.oup.com/www.oup.co.uk/pdf/0-19-928189-0.pdf

[MARTIN3030]

Lynz you should also consider contacting your local womans aid group-the council will give you the number.

They will assist you with sorting this lot out.

The Police are not usually quick to be inoled with civil disputes-as is the car.

However,they should take very seriously the other things that you mention.

Keep a log of everything that happens.

Hope you get this sorted-let us know how you get on.

[Bincrunched]

Hi Lynzmeek,

Sorry to hear about your problems, the children must have been quite scared!

I'm not sure whether you are allowed to change the locks on the house though, particularly if it is in joint names!

You may be able to apply for an injunction against your husband if you fear for your safety, if he continues to bang on the door and cause a fuss, you are entitled to protection even if the police don't want to get involved in domestic problems.

You will need legal advise to take out an injuntion against him though!

 

Wish you luck

 

Regards

Bincrunched

[lynzmeek]

hi thanks ive been to the solicitors and have got an injunction out to keep him away and are beginning with divorce proceedings.the solicitor wrote to him and told him he would have to have supervised access when it has gone to court and he has now said he would rather have no contact with the children at all now.

[enamae]

hi thanks ive been to the solicitors and have got an injunction out to keep him away and are beginning with divorce proceedings.the solicitor wrote to him and told him he would have to have supervised access when it has gone to court and he has now said he would rather have no contact with the children at all now.

 

Pleased to see you back on - line. Any problems just yell and some one will be along to help.

[angel_1]

hiya lynzmeek

 

just wanted to say hi and im so very sorry to hear that you have had such a bad experience lately, but so far good advice given - i hope this does get resolved quickly for you and the children

 

your children are your priorty now and so i hope you have some other family and friends supporting you too, are your children under 5? if so there are national support charities that could send you a volunteer to give you some support at this difficult time, just let me know

 

or perhaps the womens aid team can help with that too

 

anyway at least you have done something positive and taking the first action is always the first scary thing but be proud you are doing the right things for you and your children right now

 

keep happy and we are to support you so keep posting

 

will subscribe ciao for now MAZ

[Bincrunched]

would rather have no contact with the children at all nhi thanks ive been to the solicitors and have got an injunction out to keep him away and are beginning with divorce proceedings.the solicitor wrote to him and told him he would have to have supervised access when it has gone to court and he has now said he ow.

 

 

Hi Lynzmeek,

Pleased to hear you got the injunction and have started proceedings it means that you are gaining confidence. Whether your husband sees the children or not he will be obliged to pay towards their keep! these situations are never easy and if there is a possibility where you can both reach a mutual understanding, it could well be worth considering for the children's sake and to keep your costs and stress to a minimum.

 

Wish you well with these difficult circumstances!

 

Kind Regards

Bincrunched