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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34131
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my husband lives in the marital home since i left 3 years ago.

Customer Question

my husband lives in the marital home since i left 3 years ago. he has not paid the mortgage and we are in arrears of £8000.00. we are now facing repossession, he won't move out!! what can i do???
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.
How much is the house worth and how much is outstanding on the mortgage?
how far has the divorce reached?
Clare
Customer: replied 3 years ago.

Mortgage £170.000 Valuation £190.000-£200.000.The house has been run into the ground and needs £5000.00+ to bring it back to an acceptable standard to sell. We purchased it 4/5 years ago for £230.000!! He is also facing charges of growing cannabis with intent to supply!! Ive not started divorce proceedings as he said he will contest it!! I was going to wait for the 5 year rule. The possession date is the 21st of july at court.


 

Expert:  Clare replied 3 years ago.
Hi
Could you clear the arrears - if so do you wish to move back in?
Clare
Customer: replied 3 years ago.

I have spoken to nationwide, the mortgage provider, they would be will to stop proceedings if I payed £4000.00 off the arrears!! Which I am able to do. However, he is refusing to move out!! Is there any legal process to have him removed from the property???? Which would allow me to move back In. I have told him I will take on the rest of the arrears providing he signs the property over to me, he has so far refused. What if anything can I do through the legal process.

Expert:  Clare replied 3 years ago.
Hi
Just to check - how long were you living with your ex and are there any children involved?
Clare
Customer: replied 3 years ago.

On and off for 13 years. No children Involved. What legal action can I take to move him out of the house????

Expert:  Clare replied 3 years ago.
Hi
You do have two options - but the most effective is to start divorce proceedings base don his Unreasonable Behaviour.
I know he says that he will defend then - but frankly that would be difficult if you cite what he has done with and too the property etc.
Once the divorce is underway you can apply to the court for an Order for the financial issues to be dealt with - and for an urgent order that he vacates the property so that you can stop the re-possession
None of this will be swift - but if you start immediately you should be in a position to decide whether or not to may the £4,000 prior to the hearing
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you for your advice. Clare

Expert:  Clare replied 3 years ago.
HI
You are most welcome - I hope all goes well
Clare

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