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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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marital separation advice

Resolved Question:

Hi. ISeparated from husband 2 months ago. House in both names. He is no longer providing any income to house and cannot change mortgage in to my name at present due to recent redundancy at work.. He has not taken all his stuff. Can I legally sell it?

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
How long have you lived together and what income do you each have?
Clare
Customer: replied 3 years ago.
Hi Clare

No children
House is worth 98k
Mortgage balance is £55k
At present I have no income as just been made redundant. I think he is on £30k pa
He
I told him to leave on 26 Jan as he was arrested for downloading child porn
Expert:  Clare replied 3 years ago.
Hi
How long have you lived together?
How was the original purchase funded?
Clare
Customer: replied 3 years ago.
Lived together 14 years. He moved in with me as I had my own house at the time. We then moved and sold my house to fund new house but mortgage only and extra £5k. He has agreed to sign house over to me. Just can't do due to job loss. He has been gone 2 months only calls in when I'm out for post. Hasn't taken anything else
Expert:  Clare replied 3 years ago.
Hi
I am afraid that you have no right to sell his belongings and he has an absolute right to keep them there so long as he is a joint owner or married to you.
There is no expectation that he should contribute towards a property in which he is not living
I am sorry not to give you the news you wanted - but sadly this is the position that you are in
Please ask if you need further details
Clare
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