[Solved] My wife wants to kick me out

I cannot comment on your rights as I don't have the knowledge, but try speaking with the CAB in person rather than website or try and get a free 30mins session with a solicitor...many offer free sessions as a way to try and gain a new client but you can use that to gain some good advice.

how to handle yourself is difficult.....she will try and push all your buttons and trust me she will know just how to get you wound up right. all I can say is try not to rise to her baiting you.
don't argue with her or discuss separation in front of the kids

can you covertly record if she does manage to provoke an argument? if she threatens you then try and record it....it sounds like a bad thing but trust me I wish i'd had recordings of my ex to take to the police.

and just because you're a man does not mean a man cannot suffer abuse....physically and mentally! you have to report it if you fear for your safety or for the kids safety....cos i'll tell you this...if she gets in their first with the police you will be guilty until proven innocent...and that one takes a [censored] of a lot of proving when you have very little evidence.

I believe you do have rights but these need to be applied for via court....I would definitely go and see the CAB in person and take some advice, free or otherwise, from a solicitor.

I believe Shelter have a helpline and they may be able to advise you. Sorry I can't be more specific, but my area of knowledge is to do with contact issues rather housing and finances.

All the best.

Here's info about how to apply for Home Rights....it's a simple form to the land registry. It's a stop gap but it might afford some breathing space.

https://www.gov.uk/stay-in-home-during-separation-or-divorce/overview

It might also be helpful to look into TOLATA. Making a financial claim on the property under Trusts of Land & Appointment Act (commonly called TOLATA). I don't honestly know if this even applies but it's worth finding out more.

Hello RichardKing,

You refer to your partner as your wife so I am assuming you are married. That being the case, in divorce cases assets are divided between the two people roughly on a 50 / 50 basis. The fact your wife owns the house I believe does not preclude you from receiving a share of the equity in the property. However, your two children need a home which would influence and lessen the proportion of your share of the equity. Years ago any asset owned prior to marriage, I believe was excluded from the 50 / 50 share out as it was only assets acquired during the marriage which were taken into consideration. I believe this is not the case now and all assets are subject to an equal division irrespective of when they were acquired. Women are successful in divorce cases getting a 50% share of assets of their husband's therefore a man has the same entitlement to apply for the same of his wife's assets.

I believe ToLATA is a very complex area of law and does not give the court power to vary co-ownership and adjust the proportion each person owns. There are two main types of application, these are:-
1) to decide who is entitled to occupy or
2) to decide the nature and extent of the ownership of a property owned by two people or more.
There is an expectation to resolve the issue in dispute by mediation and / or negotiation and if this is not attempted and successful the court can impose hefty court costs.

ToLATA differs from general court decisions which are based on fact and what is "fair". ToLATA looks back into the past and seeks to discuss each parties intentions during a previous period of time. That being the case it is very easy to see the complexities involved as intentions are hard to prove, people change their minds and the other party can misunderstand the intention. There is a tremendous amount of detailed, concise and precise work vital to preparing a case under ToLATA.. The court look at what intention can ACTUALLY be proved on the BALANCE OF PROBABILITY. There is no 50 /50 scenario with ToLATA, you either win or lose.

It is possible to get a charge placed on a property if it is registered with the Land Registry. This would temporarily stop any sale as the Land Registry would need to assess the validity of the application. It MAY also serve to delay any other decisions being made regarding the property. The person applying to have the Charge implemented has to provide proof as to their interest in the property for example if they have improved the property and in so doing increased it's value by paying for an extension to be built, replacement windows ect.

I would as a safety net enquire of your local housing authority how they could help you if other measures do not work to your benefit.

PLEASE NOTE - I have expressed my limited personal understanding of matters, I am not trained in Law.

Please seek legal advice from a solicitor before deciding what your best course of action is. Many offer a free 30 minute consultation.
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Hi, definitely go and see a solicitor or see the CAB face to face. You need specialist advice here.

Hello RK,

To gain information on Home Rights I would telephone H.M. Land Registry. Armed with the information they will be able to give you on Home Rights and their procedures to safeguard your rights of occupancy (which they should be fully conversant with), I would then without delay, seek legal advice from a solicitor as I stated previously.

The information you gain can then make meeting with a solicitor easier particularly if you make notes to take with you regarding specific questions you wish to ask and / or clarification of specific points of concern.

Thank you, it has been he'll. Amazing how you think you know someone and hoped to spend the rest of your life with them.
I have had to beg and filed for non-molestation. She let me move back in and made me cancel the non-molestation application. Since then she's tried to get me to move out voluntarily. The pressure is mounting again. I'm now "walking on eggshells " and terrified of the next false accusation. All these whilst we a going through with mediation. I thought one discusses all these things and try to agree at mediation. It seems she needs me to be out so she could be in control of the decisions.

I'm getting the hang of recording things as well. It's not easy as I often flick on after the event but I'm getting better at it.

Thanks for your support. You guys may have saved my life.

Word of advice, I heard somewhere else - when writing down record of events, email it to yourself as well - the courts accept this as a time stamp.

That's a great tip actd!