colgirl65 Posted June 4, 2016 Posted June 4, 2016 So this is a post on behalf of a friend of mine who has been married for 50 years (she's 69). She's never had a very good marriage but basically in the last 10 years or so her husband's treatment of her has got worse. He is seeing another woman almost daily, is verbally abusive to my friend and refuses to do anything around the house, so everything is virtually left to my friend to take care of. Her husband, who is 70, has a form of dementia, but this is being managed by pills. However, he gets very aggressive - shouting, etc if he doesn't get his own way. My friend would love to leave him and has told him he can go and live with this other woman (who is married but her and her husband lead seperate lives) but he refuses to go or sell the house. He has a cushy number and knows it. My friend can't afford just to leave unless they sell the house, so she feels trapped. Can anyone give any advice on where she stands legally about this? thanks. Quote
SoleMate Posted June 4, 2016 Posted June 4, 2016 Right, he's obviously not going to go anywhere voluntarily so she'll need the courts, and perhaps an attorney and/or sheriff, to get him shifted. If she can readily afford 1 hour with an attorney, I recommend it. 2 Quote
mikeylo Posted June 4, 2016 Posted June 4, 2016 No one can make him leave unless he wants to or the courts find a valid reason , that she will have to provide with proof. She can file for divorce. 1 Quote
Arieswoman Posted June 4, 2016 Posted June 4, 2016 colgirl65, I think what you are asking is beyond the scope of this board - she needs to consult a solicitor/attorney/lawyer as to what her rights are. 2 Quote
bathtub-row Posted June 5, 2016 Posted June 5, 2016 He has no choice but to pay attention once the divorce is final. During that process, their assets will be determined. The problem I see here is that he's technically not of sound mind. Perhaps she should skip the divorce and have him put in a home. 1 Quote
dreamingoftigers Posted June 5, 2016 Posted June 5, 2016 Lawyer, lawyer lawyer...... And police if her husband gets belligerent with her. Document everything. 1 Quote
dreamingoftigers Posted June 5, 2016 Posted June 5, 2016 Lawyer, lawyer lawyer...... And police if her husband gets belligerent with her. Document everything. Hopefully she's in an "at fault" state. Quote
Author colgirl65 Posted June 5, 2016 Author Posted June 5, 2016 thanks for all your replies - I should have mentioned that we're in the UK. Quote
Mittens Posted June 5, 2016 Posted June 5, 2016 Is the house in joint names? Is her name on the deeds? I would assume judging by their ages that any mortgage would be paid off. If it is, she would be entitled to half the equity once the house is sold. Unfortunately it also means that she can't make him leave, unless she can prove that he is being physically violent towards her, which would involve reporting him to the Police and then getting a restraining order. She could start divorce proceedings on the grounds of his unreasonable behavior or adultery. Any solicitor would be able to advise her on how to start the process, or she could go to Citizens Advice...they can even give advice over the phone now. Quote
BlueIris Posted June 5, 2016 Posted June 5, 2016 If he has dementia, she should think about talking with an attorney who does conservatorship and guardianship- not just a divorce lawyer. Divorce might not be the answer here. 1 Quote
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