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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There, I'm separating from my husband and I want

Resolved Question:

Hello there,
I'm separating from my husband and I want him to move out of the house we both live in. The house is in my name, and although over the years he's given me money at times to help with bills I have always been 100% responsible for the mortgage and living costs, he's not paid any living costs in around 5 months now. Am I within my rights to change the locks, does he have a claim to live in the house?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-How long have you been married-Do you have any children together?-What other properties or assets do you both have?-What are your respective income positions?
Customer: replied 1 year ago.
We live in England, have been married for 1 year 5 months (but living together for 6 years on and off), no children together (he has 2 from a previous relationship) and no shared assets. I am the higher earner at £52,000 per year (I run my own business) and he's on around £40,000 (he's self employed)
Expert:  Harris replied 1 year ago.
Do either of you have any sole assets, including pensions?
Customer: replied 1 year ago.
Sorry, I also worked it out and over the past 6 years in total he's given me £72,000 towards living. The only asset I have is the house, and he doesn't have any other assets.
Expert:  Harris replied 1 year ago.
Thanks for confirming. Firstly, as the property is in your sole name you are the only person that has a legal interest in the property. However, as it appears that it is the former matrimonial home, he has a right to occupy the property arising out of the marriage and he can only be excluded upon divorce or a court order removing him from the property, this is despite you paying the mortgage solely and the property being in your sole name.As part of the divorce, either of you will be able to claim financial relief from the other. It appears that the only asset will be the home and he will be entitled to claim a share of it. I appreciate that the marriage is fairly short, however, for short marriages the court will take into account cohabitation immediately prior to the marriage and add that to the length of the marriage.Given that you both have good salaries, and no children, it would be expected that your needs would be fairly average a claim for spousal maintenance would unlikely have prospects of success for either of you. I hope this clarifies matters for you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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