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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11422
Experience:  30 years as a practising solicitor.
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I had to leave my matrimonial home, it was my house and my

Resolved Question:

I had to leave my matrimonial home, it was my house and my husband was only added when I had to re mortgage to pay of debt. He now refuses to leave and will not pay anything towards mortgage. I have rent for new house and of course household costs so cannot continue to pay for everything. He wants to stay until Halifax evicts as he will have better chance of getting council house if he is evicted. I have spoke to lawyer and we have asked for quick sale but so far no agreement. It is so unfair that i am going to lose everything because I couldn't take the abuse any more and had to leave. He won't move out
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You should have applied for an exclusion order to have your husband removed from the house rather than you having to leave, however the passage of time means that you are unlikely to get a court to grant that now.

Your only realistic option at this stage is to raise a divorce action and ask the court to transfer the house back to you, assuming you can take the mortgage in your own name and buy his share out. If that is not a viable option then you will have to ask the court for an order to have the house sold.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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