Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is Peter and I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
I'm reviewing your question and will revert back to you shortly.
Are you also going through divorce?
What is the timescale for the transfer of money/ title?
OK. The issue here is that whilst you remain married, regardless of who is on the deeds, he retains a right to reside in the family home, unless he is abusive towards you or harassing you, in which case you could apply to have him excluded by way of a court order.
On the other hand, though things are currently amicable, a strongly worded solicitor's letter asking him to leave within a reasonable timescale may assist you in this instance.
You can search for a local solicitor here: https://solicitors.lawsociety.org.uk/
I hope this assists?
Hello - did you receive my reply?
Can I assist you further with your question?
The only surefire way to achieve this is a financial 'clean break' order, as part of the divorce. Once divorced and the final order has been made, he cannot come back and claim on the property or any other asset you may hold.
I hope this clarifies things?
If so, please take a second to rate my response with 5 stars as this will credit me for my time.
Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.
If you are referring to an official 'judicial separation' (see the link here for general information https://dawsoncornwell.com/en/what-we-do/separation-and-divorce/judicial-separation.html) as an alternative to divorce, then yes you can have a financial order, which will deal with everything with exception of pensions, which can only be divided on divorce.
I hope this does clarify the additional point for you?