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Thanks for your question. I am a solicitor in Scotland. Unless there is any danger to the physical or mental health of you of the children which would justify you asking the court for an interdict and exclusion order to force him to leave then you will not get him out of the house if he doesn’t want him to go. Depending on what other marital assets there are you could consider a divorce action and as part of that you could ask the court to transfer the title of the house to you. That would be on the basis that there are other assets that he can retain, such as any money, investments or pensions. If that is not the case then all that can happen is that the house is sold and the proceeds are divided to enable both of you to seek alternative houses going forward. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
No he can’t do that as you could ask the court to order the sale of the house. As regards ***** ***** your solicitor would have to write you a letter to say that you can’t continue to live under the same roof as your husband and that you are essentially homeless. I would consider raising divorce proceedings as well as applications for financial provision, transfer of title etc sooner rather than later.