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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22621
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My husband left the marital home 9 months ago, he has not paid

Customer Question

My husband left the marital home 9 months ago, he has not paid a penny towards the mortgage in that time. His name is XXXXX XXXXX mortgage he is now saying he wants to move back in can he do this.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

He moved into my house is 2003, I then bought my ex husband out the house was in my name alone until 2010, at this time we borrowed further money to build an extension. At this I added him onto the mortgage. We got married in 2006.

Expert:  Stuart J replied 4 years ago.




I'm sorry to have to tell you that this is the marital home and in any
event is in joint names he is therefore free to come and go as he wishes.

In addition, he is not liable for the mortgage or the bills of a house that
he does not living although he remains liable to the mortgage lender if you
stop paying.



I appreciate that this is not the answer you wanted but there is no point
in me misleading you



Can I help further?



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Customer: replied 4 years ago.

If I put the house up for sale can he still move back in.

Expert:  Stuart J replied 4 years ago.




He has as much a right to live in the house as you do. You cannot sell it
without his consent and vice versa.

I assume that there is no court order excluding him.



If you want the house sold, you are faced with making an application to
court as part of the ancillary proceedings in the divorce.



Whether you get the order are not would depend whether there are any
children.



Can I help further?



Please bear with me today because I am online and off-line. Please don't
forget to positively rate my answer service (even if it was not what you want to
hear). If you don't rate it positively, then the site keep your deposit and I
get 0 for my time. It is imperative that you give my answer a positive rating.
It doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.