No, if he will not leave you have to either obtain an occuptation order, where you would have to show you were at risk of significant harm or apply within a divorce for ancillary relief for the court to decide what will happen to the home.
I have issued a divorce petition to my wife, I cannot go back to my home as the police have advised me to stay away to avoid problems, as she tried to fabricate evidence of violence. How can i issue a court order for eviction? We don't have any children and we were only married for 15 months and the house was mine before I even met her. How is it fair that I cannot even live in my own house?
Just because the police have advised you not to return does not mean you are barred from doing so. However they will have done this to ensure that things calm down in the short term.
You can obtain what is known as an occupation order. This is usually also allied with a non molestation order. These orders are designed to stop a person from doing certain specified acts and also regulate how property is occupied. For instance, the order could make her let you back into the property and top regulate who occupies certain parts of the property. It can also prevent her from damaging the property or using violence against you.
To get this order you need to show that you are at risk of significant harm if she remains in the property. The only other way to get her out of the property is to negotiate a settlement or apply for a financial order but this will take a number of months.
I would advise that you instruct a solicitor to negotiate her departure as in the long term this will be the calmest and least expensive way to deal with it.
Hello. My wife of 8 years has recently lost her job and has become depressed and has started drinking heavily. I have tried to help her but she is becoming increasingly violent when I try and bring this up. We have two children and i can cope with her assaulting me but I am afraid she is going to do something to them, as she has started to lose her temper with them to. I want her to get help for the sake of our marriage and our family but she is getting worse. is there something legally I can obtain to stop her being violent and to perhaps exclude her from the family home until she gets the help we believe she needs?
I am sorry to hear of your situation. You can get a non molestation and occupation order, which would order her not to use or threaten violence an ask the court to exclude her from the home for a period of time. This can be done on an emergency basis if you feel something horrible is going to happen in the the next few days. I would ring a local family law solicitor and ask them to advise you on the next steps to take. An injunction of this nature is complicated and will take a lot of time in terms of legal fees.