Can I force my husband to move out?

[ClaireRalph]

I own the house, and am the only one on the mortgage. I want to file for divorce, but don't feel like I can do whilst I am still living in the same house (he will try to talk me round, or get very angry and don't want to put our daughter in danger (7 months old).

He refuses to move out, but I don't have anywhere I can really go, and whilst I can afford the house and full time childcare on my own, I can't afford rent on a separate place on top. He doesn't work and is currently doing the childcare during the day (albeit he hates it, and isn't doing a good job, mostly because he seems depressed).

I don't want to leave him in the house in case he trashes it, and don't want to uproot our daughter too much. I can't stay in my marriage tho - its become unbearable. I don't have any family nearby, although he does.

[Lonecatwithkitten]

You need legal advice as if you have been married more than a few years the house is community property regardless of whether it is just in your name.

[PatriciaHolm]

You definitely need advice; if he's the primary carer, the usual suggestion is that they stay in the property with the child.

[EarthWindFire]

Even if the house is in your name as you are married it us a joint asset.

You do need advice as your stbx would be seen as the children's primary carer.

[ClaireRalph]

Does it make any difference that we have only been married 3 years?
Would a court really take a baby away from its mum just because I have to work to keep a roof over our heads? It doesn't seem fair - my husband selfishly took voluntary redundancy knowing I was pregnant and hasn't properly looked for a job since - I could only afford to take 6 months of maternity leave.

If he got custody of my daughter (and therefore the house) I will have to start again with absolutely nothing and would be the only one liable to pay the mortgage on a house as well as rent on a place for me.

I will get some advice, because if he gets the house I won't be able to afford to leave as I can't afford rent for a separate place long term :'(

What does stbx mean?

[Lonecatwithkitten]

I maybe wrong, but think once you have been married more than 2 years it is community property. If he got the house and you had to leave you would pay maintenance not the mortgage.
Sadly nothing about divorce is fair and now days courts do not tend to favour mothers over fathers.
Hence the need for really good legal advice as soon as possible.

[bella1968]

stbx is soon to be ex

good luck claireralph maybe you could put your child in a nursery and get her settled? do this for a time maybe before you divorce.

It is certainly wise to prepare for divorce to get things in your favour, google everything you can, read everything you can before going to a solicitor that keeps the costs down.

Hang in there and prepare so that things are in your favour.

good luck

[ClaireRalph]

Thanks guys. I will be investigating local childminders to get her settled in some formal daycare setting before going any further with separation as I can't run the risk of losing my daughter.
The situation may be on the turn with my husband anyway because he has applied for a job working nights during the week, so if he gets that job my daughter will have to go to daycare anyway, and then I could make a better case that I am at least around every evening/night whereas my husband wouldn't be.