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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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I live in Edinburgh. I want to separate/ divorce my husband.

Resolved Question:

I live in Edinburgh. I want to separate/ divorce my husband. We have been married for 12 years. Before I met him I bought my property outright with insurance money I received when my previous husband died. I would like to know if my present husband is entitled to anything from the property. I have 3 children from my previous marriage but none from this one. I wish to divorce him citing unreasonable behaviour. I would also like to know how I go about getting him to leave.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

As long as you never out the title to your house in the joint names of your husband and yourself then he has no claim on the property as it was purchased before you were married to him. This excludes it from the definition of "matrimonial property" contained within the legislation.

Getting him out is a bit trickier, however, because although it is not matrimonial property, it is a matrimonial home and as such your husband has a right to occupy it as his home.

To get him out you either have to wait until the divorce goes through at which time his occupancy rights end, by virtue of the fact that you are no longer married or you have to see a solicitor so that an assessment can be made as to whether you could get an exclusion order removing him from the house. You would have to establish that his behaviour puts your physical or mental health at risk. Affidavits in support of your position as well as medical reports are usually necessary.

Of course if he is violent to you, you can phone the police and, under current Zero Tolerance, policies, they will arrest him and remove him from the house.

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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Expert:  JGM replied 3 years ago.
Sorry should read "put" the title, not "out" the title.