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Family Home & Separation

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  • 01-07-2014 12:15am
    #1
    dubdeb
    Registered Users Posts: 8 ✭


    Hi,

    I was driven out of the family home due to my husband's violent mood swings and abuse some months ago. Since then I'm staying amongst family members with children and he's refused to leave the house or to sell it so we're facing a lengthy wait until a judge makes a ruling.

    My name is on the deeds (we don't have a mortgage) so I'm wondering if I'm allowed simply tell him I'm moving back in to our spare room until a judge makes a decision?

    It won't be easy as he has abused me in the past but as the legal system moves at a snail's pace, I need to do something and feel that this might shame him into agreeing to sell and split 50/50 as I've requested.

    I have a solicitor working on it but I'd be keen to hear from anybody who came across a way to move things a little faster than a Judicial Separation as I've still a few months to go to the first year since we left.
    Tagged:


Comments

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    #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You can move back in. Ask your solicitor about applying for a protection order. I can't say any more due to the "No legal advice allowed" rules.


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    #3
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    ken wrote: »
    You can move back in. Ask your solicitor about applying for a protection order. I can't say any more due to the "No legal advice allowed" rules.

    Plus one . To avoid other's misunderstanding - the fact that your name is on the deeds is irrelavent . The reason you are entitled to live there is because it meets the deifintion of a "family home" and as such has special protection .


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    #4
    Cait87
    Registered Users Posts: 64 ✭✭Cait87


    Yes you can move into back into your house but theres rules where he can't enter one certain parts of the house. I don't think its worth it for youre sanity. It can still cas an atmosphere even if youre not talking he can still 'bullie' his way. Don't let the children be tools of war-you can think there fine now but can effect adulthood bigtime.

    If he drives you insane stay away from him. Set an example for youre kids without= good guy, bad guy.


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