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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I'm having marital problems and we own 2 properties. One is

Customer Question

Hi. I'm having marital problems and we own 2 properties. One is the family home and the other property we rent out. I want 2 end the marriage but my husband is refusing 2 leave the family home. I don't drive and my kids nursery etc are within easy reach of the family home. The flat is a lot further away so I am not prepared to leave the family home either. Where do I go from here?
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

Both of you are entitled to live in the family home. Unless he is being mentally or physically abusive to the extent that you can get a court order to exclude him from the family home then you can't get him to leave unless he agrees to do so. If he doesn't agree then you are both going to have to live under the same roof. Your only remedy under Scots law would be to raise divorce proceedings and ask the court to transfer the house to you and the flat to him as part of the divorce process. If you haven't already done so, you see a solicitor to start the process of negotiation with a view to dividing assets and reaching a settlement. If you can't do this you will have to ask the court to deal with this. That will be very expensive. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.