Can I evict my cheating husband? (From Watford Observer)

Can I evict my cheating husband?

12:19pm Tuesday 23rd June 2009 in Community By Danielle Messenger

I have just discovered after 20 years of marriage that my husband is having an affair. I have asked him to leave and he has refused. As far as I am concerned, it was his choice to have the affair, so when he leaves for a golfing trip this weekend, I am going to arrange for the locks to be changed. Surely I am entitled to do this and cannot be expected to live with him whilst his affair is continuing?

ANSWER As this is the matrimonial home (and is probably jointly owned), unfortunately it is not possible for you to exclude your husband from the property without a court order.

It is possible to apply to the Courts for an Occupation Order, which provides for one party to be excluded from the property and allows the other to remain in occupation, pending the outcome of any divorce proceedings/financial proceedings. However, to apply for an Occupation Order, you have to demonstrate to the Court that you or any children living with you are at the risk of significant harm if you continue to live together. For your application to be successful, the Court would need to determine there is a risk to you. The fact that you are understandably very angry and hurt by your husband’s behaviour, would not on its own, be a reason for the Court to exclude your husband from the property.

Unfortunately, many people find themselves in this situation, where they have to continue residing together until such time as divorce proceedings and any related financial proceedings are resolved. Ultimately, depending on your circumstances, the Court will either order that the property is transferred to one of you or alternatively the property is sold.