Getting estranged husband to leave the marital home.

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beema | 22:49 Sat 19th Aug 2006 | Law
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My husband and I have agreed to separate after I discovered he was being unfaithful. As we have two children I decided we may as well be civilized and not argue. He did agree to leave and stay in the spare room unitil then. However, that was over 3 weeks ago and he is just acting as if nothing has happened - he is even bringing me in a cup of tea in the morning. I really want him to go. I have no plans to divorce him yet. I intend to stay & keep the house as he has assets worth more than the value of the house that he can liquidise over the next few years. How do I stand legally regarding getting him to move out without going through the hassle (and expense) of divorce. The house is in my name (but I know it probably counts for nothing )


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It does make a difference that the house is solely in your name. Is the mortgage (if any) also?

Unfortunately if you are married you will not be able to simply evict him. Instead, you will have to apply for an exclusion order to suspend his rights to live in your home. You can also apply for an interdict or non-harassment order to keep them away from you, if you wish. (
I think you are not going to be able to sort this out without doing things properly because if there are assets and things worth more than the house how are you going to divide things up so that it is all signed and sealed ?? Also just because he has been unfaithful I would not say that is a reason for him to have to leave the marital home, whether it would be the moral thing to do is another matter. What about your future income, what about pensions etc. etc.
I've been going through something similar and as you have 2 children you have a very good case for remaining in the marital home with him leaving, but unless he agrees to it you can't do it without going through the courts.

If he agrees you can get an agreement drawn up and signed and he can look for accommodation elsewhere. If he does not agree to this then you have to go through the courts who will put the children's needs first and foremost.

I don't know your financial situation, but mine was very poor in comparison to my husband and so I was told that I had a very strong case for being granted occupancy to the house with him given a court order to leave. In the end I decided that this was going to take too long and cause so much grief that I just gave up and now we're selling the house and the profit will be split (in my favour). I have no plans to divorce immediately either.

His infidelity, as far as I know, is a very strong case against him should you wish to remain in the home and have him, leave. Your children will always be put first in the eyes of the law.

Hope this helps, and good luck.
Hi I am in a similar position all though my husband has never been unfaithful. He is terrible verbally abusive to our 23 year old daughter who moved back home with us to have her baby who is now 5/12 month old. We have been living in separate rooms, it is so long ago I can�t remember; must be well over two years. I have asked him to leave but he won�t. I went to see a solicitor who told me it would take about two years and between $5000- 50,000 thousand dollars to reach a property settlement. Indicating that was only after a divorce

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