He refuses to leave our marital home

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Additionally, this relates to people who have searched: I want to separate from my husband but he won't move out.

My husband and I have been separated for 9 months. He however refuses to leave the marital home (even though he has agreed to let me 'buy him out') until all separation agreements are signed and until he has secured a new home and that real estate deal closed before vacating the property. I have given in to every demand he has asked of me even though he was in the wrong for cheating in the relationship and now he is still using his power and control to not leave my life. Is there anything I can do other than go bankrupt on court fees and wait 6 months for a date to maybe not even get him out of the house? Why can't I have a life?

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Douglas Get A Free Consultation: Call 1-877-668-9386

10 years ago

If you're considering separating from your husband but he refuses to move out, there are several legal steps you can take. Here are two primary options to consider:

1. Demand Letter
A demand letter is a formal written request asking your husband to move out, clearly stating the potential for court action if he refuses to comply. This letter can often serve as an effective first step in resolving the situation without going to court. The cost for a simple demand letter typically starts at around $450 CAD.

2. Draft Separation Agreement
If a demand letter is not sufficient, you might consider drafting a separation agreement. This document outlines the terms of your separation, including the division of assets, custody arrangements if children are involved, and spousal support. A lawyer can provide a legal analysis based on case law to show the likely outcomes if the case were contested in court. This can be a compelling way to encourage your husband to agree to the terms without prolonged litigation. The cost for a draft separation agreement starts at $2,500 CAD, and can increase based on factors such as:

Involvement of children: Custody and child support arrangements will need to be detailed.
Amount and complexity of assets: More assets typically require more negotiation and legal work.
Income disparity: Significant differences in income between parties may complicate spousal support agreements.

Consulting with a family lawyer can help you understand your options and choose the best course of action for your situation. You are welcome to call me at: 1-877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas for a free consultation).

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