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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4483
Experience:  Barrister at law
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I am buying my husband out of a matrimonial home. 50 50

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Hi I am buying my husband out of a matrimonial home. 50 50 split. A agreed no children. Now he wants to stay in the house even when the transfer of title is in my name and I'll be paying the mortgage until he finds a suitable property to buy. I am not happy about this?. What are my rights. I am trying to keep things amicable.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No there is no need
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Just living separately now. I am renting but have given notice so have to move out 20th January
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: He refuses to go and rent somew9even though he will have half the money. No mortgage currently on the property

 

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?

Customer: replied 13 days ago.
No. Not started divorce proceedings yet. Was thinking about doing a legal separation. The bank have given me a timescale of about 7 weeks. My husband is unlikely to have found a property to buy and move into in that time. So refuses to leave. This means I will have to live with him again in My house and pay the mortgage

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?

Kind regards,

Peter

Customer: replied 12 days ago.
Hi thank you for the response. Hopefully my husband and I are agreeing to a date of completion and he will vacate. Please can you advise on how I can be absolutely certain that he will have no further interest in the property once it is my name. For example if I sell it later on and it is valued at a higher price. Can he claim the balance?

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.

Kind regards,

Peter

Customer: replied 12 days ago.
Will a a legal separation have the same effects as a divorce?

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?

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