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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12293
Experience:  30 years as a practising solicitor. Partner in own firm.
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I live in Scotland, me and my husband have been having

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I live in Scotland, me and my husband have been having issues for over a year amd we are past trying to make things work (in reality our marriage has been over for years neither wanted to admit it) we have 2 children and jointly own our home (no mortgage)
He is refusing to move out (he can afford to) and I can't afford to move out i only work part time. Where do I stand legally is there anyway of making him leave, we live in scotland

Thanks for your question. I am a solicitor in Scotland. Unless there is any danger to the physical or mental health of you of the children which would justify you asking the court for an interdict and exclusion order to force him to leave then you will not get him out of the house if he doesn’t want him to go. Depending on what other marital assets there are you could consider a divorce action and as part of that you could ask the court to transfer the title of the house to you. That would be on the basis that there are other assets that he can retain, such as any money, investments or pensions. If that is not the case then all that can happen is that the house is sold and the proceeds are divided to enable both of you to seek alternative houses going forward. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
Do know where I would stand legally with applying for a council home, a friend of mine has said the council wouldn't house me because I own a property but I can't claim tax credits or other help with I'm still living with my husband. Also he has said he isn't willing to sell or buy me out can he do that?

No he can’t do that as you could ask the court to order the sale of the house. As regards ***** ***** your solicitor would have to write you a letter to say that you can’t continue to live under the same roof as your husband and that you are essentially homeless. I would consider raising divorce proceedings as well as applications for financial provision, transfer of title etc sooner rather than later.

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Customer: replied 4 months ago.
Thanks for your help