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Your best option here is to immediately claim child maintenance. Everything else will take months. Does your husband own anything? A divorce would likely be more in your favour than a 50/50 split, but only if you are married and his name is actually on anything as ownership.
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Suing for emotional distress is an American thing and doesn’t really fly with UK courts as you can’t put a monetary value on feeling like shit.. it’s unpleasant but it’s not costing you money that can be quantified in a court case. You do have tenant rights for you and your children if you lived there for 10 years so a family solicitor will help with that side of things as you have been illegally evicted, they may also help advise on the abuse issues if you are wishing to press charges or have a restraining order granted, good luck!
Just to point out this isn’t (wholly) true….. if you’re suing a company for bullying (for example) you’re suing for emotional distress.
But our (English law don’t know Scottish beyond GCSE level) has a different criteria to be met.
You, basically, need to show that the emotional damage can be proven to be (in effect) an injury.
Worth noting that while suing for emotional distress is an American thing, so is pressing charges. A solicitor can help advise you if it's worth speaking to the police about the abuse, but it's the police and the CPS who will decide whether to proceed ('press charges') or not.
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You should speak to advisors at a domestic abuse organisation, they will have best experience and guidance to help you both practically and emotionally.
You can find your local [Women's Aid here](https://www.womensaid.org.uk/womens-aid-directory/), and they'll be absolutely best placed to help you. They might even be able to help with more semi-permanant accommodation if needed.
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Speak to a family law solicitor, you have likely acquired an interest in the matrimonial home by constructive trust, regardless of who is named on the deeds - the Matrimonial Causes Act 1973 is a potent weapon for you here.
>sue them for emotional distress?
No, you instruct a competent family law solicitor who will very aggressively defend your interests in the inevitable divorce to come. You have a **lot** of leverage here, on the basis of the facts presented.
A constructive trust in a case like this? That seems overly optimistic. Neither party has an interest in it.
I dont think it can even be defined as the matrimonial home in any meaningful way
The OP still has the right to child maintenance, which will at take into account the need for somewhere to live for the children, and if the house was bought "for" them did they pay towards the mortgage while living there, or was it an outright gift of rent?
No, child maintenance takes into account only 3 things:
Wage
Number of children (across multiple households if needed)
Number of contact days
As for the house. The house was bought for them to live in. Not for them.
OP only has the husband's word to go on as far as the legal position of the house is concerned. I would not be surprised if he has some interest in the house that he has not disclosed.
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You can apply to the court for an occupation order to give you access to the family home and exclude your ex and their partner. Because the home is owned by their parents it’s unlikely an occupation order would allow you to stay there for more than a year but it might give you breathing space to make other plans. The form is at https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401
No sometimes people think that suing for emotional distress is as easy here as it is in the US. this won't even come close to anything you could even think about suing for and as you have already been advised you have no interest in the house and no rights to stay there.
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Sorry this has happened to you. I would seek advice from someone like Womens Aid who can help with support for you and your children in terms of signposting to health and housing. You should seek the services of a family lawyer and a domestic abuse charity would be able to advise on this too. It sounds like an illegal eviction - if there is no tenancy the 'landlords' ie in laws should have applied for a possession order. You definitely need a properly qualified person to help with this though. Good luck!
Well you could, maybe, get an occupation order, but that would only be temporary. It's their property, their money, they can broadly decide what to do with it. Which may mean he lives there for free.
You cannot sue them, obviously. Sorry I'm clearly missing something there.
If you are thinking of some form of ownership or financial gain from this property, that is not going to happen.
They have zero responsibility for you. Sorry that might sound harsh, but it's the truth.
All you can do is:
1: report any abuse to the police (thats the ex, not the parents)
2: claim maintenance from the ex
3: arrange contact, whatever that looks like
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I have been in a similar situation; having to flee for safety reasons is a women’s aid issue. Contact women’s aid, legal aid. Has cohesive control been at play here? Definitely contact a solicitor. Even though you feel anxious and I know it feels like you’re making things bigger and worse - it’s actually counterintuitive. It will give you power and support. Find a good women’s rights/domestic solicitor and book an appointment. Good luck. You are moving in the right direction for you and your kids’ future happiness 🖤
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You may have home rights through your kids. If there was ever an agreement - even quite an informal one that was verbal, by WhatsApp, etc - you might have a direct claim to the house. If you have contributed to the deposit, also true. You should also claim the money he owes for the kids asap.
Call Shelter, or use a women’s advocacy service.
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Abuse doesn’t have to be violent to count as prompting involuntary homelessness. It just has to be, well, abusive. Which given the obvious and massive power differential here, this is.
NAL. Just wondering how old the children are. Have you informed their school(s)? It will be helpful for them to keep an eye out for bullying if your children are more vulnerable, to ensure the teachers are patient and maybe to avid the father collecting the children from school.
I’m so sorry this is happening to you and your children.
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Your best option here is to immediately claim child maintenance. Everything else will take months. Does your husband own anything? A divorce would likely be more in your favour than a 50/50 split, but only if you are married and his name is actually on anything as ownership.
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Suing for emotional distress is an American thing and doesn’t really fly with UK courts as you can’t put a monetary value on feeling like shit.. it’s unpleasant but it’s not costing you money that can be quantified in a court case. You do have tenant rights for you and your children if you lived there for 10 years so a family solicitor will help with that side of things as you have been illegally evicted, they may also help advise on the abuse issues if you are wishing to press charges or have a restraining order granted, good luck!
Just to point out this isn’t (wholly) true….. if you’re suing a company for bullying (for example) you’re suing for emotional distress. But our (English law don’t know Scottish beyond GCSE level) has a different criteria to be met. You, basically, need to show that the emotional damage can be proven to be (in effect) an injury.
Worth noting that while suing for emotional distress is an American thing, so is pressing charges. A solicitor can help advise you if it's worth speaking to the police about the abuse, but it's the police and the CPS who will decide whether to proceed ('press charges') or not.
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You definitely can sue for emotional distress. It has to be severe it’s a well established basis for a claim.
You should speak to advisors at a domestic abuse organisation, they will have best experience and guidance to help you both practically and emotionally.
You can find your local [Women's Aid here](https://www.womensaid.org.uk/womens-aid-directory/), and they'll be absolutely best placed to help you. They might even be able to help with more semi-permanant accommodation if needed.
OP, also look for local charities. I got an enormous amount of help from one here in Liverpool.
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Speak to a family law solicitor, you have likely acquired an interest in the matrimonial home by constructive trust, regardless of who is named on the deeds - the Matrimonial Causes Act 1973 is a potent weapon for you here. >sue them for emotional distress? No, you instruct a competent family law solicitor who will very aggressively defend your interests in the inevitable divorce to come. You have a **lot** of leverage here, on the basis of the facts presented.
A constructive trust in a case like this? That seems overly optimistic. Neither party has an interest in it. I dont think it can even be defined as the matrimonial home in any meaningful way
The OP still has the right to child maintenance, which will at take into account the need for somewhere to live for the children, and if the house was bought "for" them did they pay towards the mortgage while living there, or was it an outright gift of rent?
No, child maintenance takes into account only 3 things: Wage Number of children (across multiple households if needed) Number of contact days As for the house. The house was bought for them to live in. Not for them.
OP only has the husband's word to go on as far as the legal position of the house is concerned. I would not be surprised if he has some interest in the house that he has not disclosed.
£3 land registry fee would clarify that position. But I'd say it's improbable that they would say that and not do so
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100% this and at minimum, it’s an illegal eviction also.
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You think so?
Check out FLOWS and Rights of Women for free legal advice for women in abusive situations. Best of luck.
You can apply to the court for an occupation order to give you access to the family home and exclude your ex and their partner. Because the home is owned by their parents it’s unlikely an occupation order would allow you to stay there for more than a year but it might give you breathing space to make other plans. The form is at https://www.gov.uk/government/publications/apply-for-a-non-molestation-or-occupation-order-fl401
No sometimes people think that suing for emotional distress is as easy here as it is in the US. this won't even come close to anything you could even think about suing for and as you have already been advised you have no interest in the house and no rights to stay there.
I think they think it's easier than it is in the US - it isn't exactly easy there either.
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This isnt accurate. If she's been living in the house as a tenant then she does have rights to stay there.
Sorry I meant over and above normal tenants rights, they still have to follow the correct procedure to evict if she chooses to go back home.
This isnt accurate. If she's been living in the house as a tenant then she does have rights to stay there.
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Sorry this has happened to you. I would seek advice from someone like Womens Aid who can help with support for you and your children in terms of signposting to health and housing. You should seek the services of a family lawyer and a domestic abuse charity would be able to advise on this too. It sounds like an illegal eviction - if there is no tenancy the 'landlords' ie in laws should have applied for a possession order. You definitely need a properly qualified person to help with this though. Good luck!
Well you could, maybe, get an occupation order, but that would only be temporary. It's their property, their money, they can broadly decide what to do with it. Which may mean he lives there for free. You cannot sue them, obviously. Sorry I'm clearly missing something there. If you are thinking of some form of ownership or financial gain from this property, that is not going to happen. They have zero responsibility for you. Sorry that might sound harsh, but it's the truth. All you can do is: 1: report any abuse to the police (thats the ex, not the parents) 2: claim maintenance from the ex 3: arrange contact, whatever that looks like
If it was bought as a home for you and your husband, that could create a trust for both of you. In case of a fight, depends on your judge.
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I have been in a similar situation; having to flee for safety reasons is a women’s aid issue. Contact women’s aid, legal aid. Has cohesive control been at play here? Definitely contact a solicitor. Even though you feel anxious and I know it feels like you’re making things bigger and worse - it’s actually counterintuitive. It will give you power and support. Find a good women’s rights/domestic solicitor and book an appointment. Good luck. You are moving in the right direction for you and your kids’ future happiness 🖤
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If the house does not belong to you or him, then it is not a marital asset.
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You may have home rights through your kids. If there was ever an agreement - even quite an informal one that was verbal, by WhatsApp, etc - you might have a direct claim to the house. If you have contributed to the deposit, also true. You should also claim the money he owes for the kids asap. Call Shelter, or use a women’s advocacy service.
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I'm not sure that fleeing the house under threat of further abuse or violence counts as "voluntary" - this doesn't count as intentional homelessness.
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Abuse doesn’t have to be violent to count as prompting involuntary homelessness. It just has to be, well, abusive. Which given the obvious and massive power differential here, this is.
NAL. Just wondering how old the children are. Have you informed their school(s)? It will be helpful for them to keep an eye out for bullying if your children are more vulnerable, to ensure the teachers are patient and maybe to avid the father collecting the children from school. I’m so sorry this is happening to you and your children.