Abusive husband won't leave the family home

I have a mortgage with my husband on our home. He is an alcoholic and has become unreasonable to live with. I have had to call the police on several occasions and have asked him to go, but he says he will not leave unless the house is sold and he is paid off. I only work part time and would not get another mortgage on my wages. I have a daughter and son who also live here. Do I have to give up my home?

As you are married, if your husband refuses to leave the matrimonial home voluntarily then there are two options to consider:

• If your husband's behaviour is making you fear for your safety you can ask the court to make an occupation order excluding your husband from the property. This will only resolve matters in the short term.
  
• In the long term if divorce proceedings are started then the court has the power to make a range of orders in respect of the former matrimonial home, including to transfer ownership from one spouse to another either outright or with a charge back in favour of the non-occupying spouse.
  

There are too many gaps in the financial information you have provided for me to give you a clear indication of the likely outcome in your circumstances but certainly you should consider seeking detailed financial advice so you are fully aware of your options.

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