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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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I want to separate from my husband (feeling is pretty much

Customer Question

I want to separate from my husband (feeling is pretty much mutual). I am the major breadwinner and pay the mortgage and some bills from my bank account but the house is in joint names. My husband refuses to move out but if I move I'm then going to have to pay for the house and for rental on a flat etc. How can I get him to go or what can I do as I can't pay for both indefinitely??
Submitted: 19 days ago.
Category: Scots Law
Customer: replied 19 days ago.
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Expert:  JGM replied 18 days ago.

Thanks for your question. Unless there has been ay violent incidents which would justify you applying to the court for an exclusion order, you can't make your husband leave, in the same way that he can't make you leave. In that event, and if you can't reach agreement, you would either have to ask a court to order the sale of the house, or alternatively, as part of a divorce action you could ask the court to order the transfer of the house to you in return for you taking on the mortgage and buying your husband out. Neither of these suggestions may work in your specific circumstances but they are the only options in the absence of agreement. I hope that helps. Please leave a positive response so that I am credited for my time.

Customer: replied 18 days ago.
If I chose to move out currently will that disadvantage me for either of the options in future (selling or me buying husband out)?He cannot afford the mortgage but as my name is ***** ***** I'm assuming I will have no choice but to pay it even if I am not living here?
Expert:  JGM replied 18 days ago.

It would not disadvantage you as regards ***** ***** should not disadvantage you as regards ***** ***** you out. He either buys you out or you apply to the court for a division and sale order.

As regards ***** ***** the mortgage, you have to pay it if he doesn't and claim what you've paid as regards ***** ***** from the date of separation from his ultimate share of matrimonial property. I hope that helps. Please leave a positive rating so that I am credited for my time,

Customer: replied 14 days ago.
Thanks. As stated before he would not be able to afford to buy me out. The options would be either I buy him out or we sell.
Is there a specific time period I have to wait before I can get a letter to this effect?
How will it be viewed as a separation if we still live in the same house?
If I purchase another property while we are separated will he have any claim to that in a divorce?
Expert:  JGM replied 14 days ago.

There is no time period for a buy out or a sale. You can live in the same house and still live separate lives and be considered separated. When you stop living "at bed and board" you can be separated but still living under the same roof. Any property purchased after a separation is not termed matrimonial property and he would have no claim to it. I hope that helps. Please a positive rating so that I am credited for my time.

Customer: replied 14 days ago.
Is there something official I need to do to confirm separation?
At what point could I ask a court to ask for sale of our joint property or for me to buy him out?
If this is something I can do soon then I wouldn't move out or look to buy another property.
Customer: replied 14 days ago.
What do you mean by 'at bed and board'
Expert:  JGM replied 14 days ago.

Living at bed and board means you eat and sleep together. That would not indicate separation but if you live in separate rooms and live separate lives then you can be deemed to be separated even though you are staying under the same roof. You can apply for a sale of the property at any time. An application to transfer the house to you would have be done as part of a divorce action and the timing of that would depend on whether you were divorcing him on the ground of unreasonable behaviour, in which case you could raise it immediately, or divorce on the basis of two year's separation in which case you would have to be separated for at least two years.

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