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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex huspand and myself have a joint mortgage on a property.

Customer Question

My ex huspand and myself have a joint mortgage on a property. We split up in April 2011 and he moved out leaving me and my 10 year old son in the house.
In March 2012 I was wrongly convicted of a crime and sent to Foston womens prison before being released 7.5 months later.
During this time my son lived with my parents and not at the family home.
My ex is still in the house and refuses to leave, me and my son have had to find alternative accomodation. The house is still in joint names what are my rights.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.


What are my rights with regards XXXXX XXXXX house ?. As he is caiming that it is his.

Expert:  Stuart J replied 3 years ago.

Is there any order or excluding you from the property?

Why dont you just move back in?

Are you actually divorced? Was this dealt with as part of divorce? We need full background please. Thanks

Customer: replied 3 years ago.


No order but he is in the property.


Can not move back in with him as he wont leave.


We are just starting divorce proceedings.

Expert:  Stuart J replied 3 years ago.

That doesn't quite explain why you can't move back in with him there.

Is he violent? Has he changed locks?

Customer: replied 3 years ago.


We can not live together and thats why we split up and he left in the first place.


He is a violent man.


The day I was sentanced he moved back into the house and just took over.


 

Expert:  Stuart J replied 3 years ago.

Police involved in violence? Any non molestation order?

Who has the child been staying with?

Customer: replied 3 years ago.


No none of those.

I just what to know where I stand.

Can I ask him to Leave.

Put the house up for sale.

 

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Stuart J replied 3 years ago.








Presumably,
he will deny that there's been any violence, although if you have been to the
doctor with bruises or cuts, that will assist you.



You
are faced with applying to court for a non-molestation order based upon the
real threat of violence and for an occupation order to compel him to move from
the property.



You
are both under a duty to provide a home for dependent children until they are
18, assuming of course that the 10-year-old child lives with you.



If
you prefer, you can make an application to court to sell the house although
what money he gets from it would depend on the value, the outstanding mortgage
and how much it would cost you to get another house in the same area for you
and your son.



It
is likely to be quicker and easier to get the non-molestation order and the
occupation order.





Can
I help further?

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The thread remains open for us to continue this exchange






Customer: replied 3 years ago.


So I apply to the court for the Non Molestation order and occupation order ?.


 


My son is living with me at the moment.

Expert:  Stuart J replied 3 years ago.





I would suggest that you saw a solicitor because depending on your income , you
may get legal aid for the non-molestation order unless you particularly want to
do it yourself for some reason.





I
will say that there has to be a real threat of violence and expect your husband
to adamantly denied that he has never so much as raised his voice to you

Can
I help further?










Customer: replied 3 years ago.


Does he have a right to stay in the house as our son is with me ?.

Expert:  Stuart J replied 3 years ago.




Until there is an order preventing him from being in the
house, he has as much right to come and go as you do, and neither you nor he
have any right to change the locks



Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
When was your Decree Absolute and was a financial order made within the Divorce Proceedings?
Claire

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