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I am getting divorced and my husband won't move out of the matrimonial home. Can I make him go?

Solicitor and Managing Director

The answer to this is, only in certain circumstances. If your husband is violent, threatening violence or subjecting you to harassment or intimidation then it is possible to apply for an Occupation Order together with a Non-Molestation Order which means he has to vacate the home and in some circumstances cannot come within a certain distance of it. He may also be arrested and charged with a criminal offence if he breaches the Order

.In this situation your husband is likely to have notice of the hearing and would have to attend Court where he could oppose it if he wished and then there might be several Court hearings before a final Order is made.

If this behaviour does not apply then you cannot make him leave until the financial side of the Divorce is finalised and only then if this includes an agreement or Order that he leave. It may be that the house is to be sold and you will both vacate upon sale. Otherwise you may be buying him out or agreeing that he will vacate and the house will be dealt with in the future.

If you are in the latter situation then moving the Divorce forward will help resolve the living accommodation sooner rather than later.

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