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Clare, Solicitor
Category: Law
Satisfied Customers: 34896
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is someone there who can help me? I have a house with my

Customer Question

Hi is someone there who can help me?
I have a house with my husband but it is in my sole name. We split up 5 weeks ago at which point I left the house immediately with my two dogs in tow and went and stayed in a hotel up north on my own whilst i got my head together. Since then I have been living at various friends homes, on sofas, floors etc... I gave my husband the benefit of the doubt and gave him 4 weeks notice to seek alternative temporary arrangements for himself at which point I intend to move back home and he will need to be gone.This is all while I've been sorting the remortgage and getting his £70k deposit from to give back to him. He's also been looking for places to buy based on that money. I'm nearly there now and its nearly ready to complete (couple of weeks or so left) but he's now refusing to leave at all until the money come through and everything is finalised. I told him I will have the official offer letter through next week which will prove the whole thing is going through and he can have a copy for his mortgage purposes and to use as proof that he is good for the £70k deposit. I'm happy to give him whatever needs and I've even offered him to take whatever he needs from the house as wouldn't like to see him without. I've been more than fair but now he's refusing to leave and I want to know what I can do about that as I cannot live like this anymore and I don't want to risk my job any longer. They've been supportive and understanding on my situation but I did tell them I would resume my normal working pattern next week as my husband was originally being decent and said he would go. now that's all changed and I don't know what to do. Please help me. Regards, Vicky
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long have you lived together and is there ant reason why you cannot remain in the same house whilst the final arrangements are being agreed?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
i think I wrote my reply in wrong section. oops.
so house is worth £300k and mortgage left is £204k. I have the remortgage part sorted and have been able to borrow the amount I need to pay him back the deposit he put forward. He's been messing me about with regards ***** ***** the property since day 1 as at least 4 times he's been going then not gone or still seen to be there then the day changes then he's staying. I gave him that notice period to give him plenty of time to sort something out temporarily. He finally agreed to be decent and go to allow me to go back in then due to a small delay in the mortgage proceedings (scanned docs a bit blurry so need to resend) he's now kicked off that its all ruined, hes screwed and he's lost everything and now refusing to leave till its all sorted right through to the money actually landing in my bank. That is going to be 2-3 weeks time yet. The official offer letter will be coming my way next week which my mortgage advisor has said he can use as the proof that that everything is good and as a guarantee for his flat purchase that the £70k deposit is coming. That is still happening but now he's refusing to leave and I believe I've been way more than fair and accommodating till now. I even said he can take whatever he needs from the house so he's not left stranded with no household items. I work in a high profile job in a office with a large team who need me. Yes I'm able to work remotely and be there for them but I really need to get back in the office soon. I don't wish to stay under same roof as him and his behaviour is too unpredicatable, he's nice and decent and amicable then he's emailing or texting me comments about other men etc etc and being paranoid, then he's nice again then he's telling people (our friends) that hes leaving me cos I'm crazy etc. As I said above he was leaving then he's not, then he's packed up and ready to go but still there, then his boss is helping him find somewhere then he's still there. Plus the day I left he was particularly vile and nasty and threatened me physically with a champagne bottle which is why I left with my dogs in haste and just drove with nothing but the clothes on my back and my handbag. I've had to buy all new clothes and shoes etc. He is a salesman who is on the road all day everyday all over the place so can go or stay anywhere but I work in a fixed location and need to be with my team and in the office asap.My dogs need their routine back and so do I. Plus the house is in my name and I pay and am paying all the bills and mortgage payments.
Expert:  Clare replied 1 year ago.
How long have you lived together and did you have reason to believe that he would actually hurt you?I shall be out for a few hours but will be back online later to assist you
Customer: replied 1 year ago.
2 years.
And that day 100% yes! He wanted to hurt me and even said I better leave quick cos all he could think of and all he wanted to do was smash that bottle round my head. He kept staring at the bottle and me smiling and gripping his hand tightly. Never seen him like that. Was a whole other side and it frightened me. He threw some things about and when he finished his coffee he launched the cup into the sink then was going round the house with a cigarette lit flicking ash all over. He was in a very destructive mood.You could see he wanted to do damage to something..
Expert:  Clare replied 1 year ago.
How was the property funded - how have you calculated the £70,000
Customer: replied 1 year ago.
the £70k is the amount we put in as deposit to buy the property which is from my husband's previous house sale. That is why i am re-mortgaging on that amount so I can give it back to him to allow us to move on separately.
Expert:  Clare replied 1 year ago.
How much is the property worth now and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi I'm sorry I haven't responded as I feel we're on a whole different query to where I wanted the help. How much the house is worth etc is neither here or there. That part is all being sorted and I will have his money for him very soon. My question was if he refuses to leave and the house and deeds etc are all in my name do I have any rights legally to get him out and where do I stand? I've since spoken to police who have advised he has no rights and if he doesn't leave they will come out to the property with me and make him leave so I feel safe in that knowledge now. Thank you.
Expert:  Clare replied 1 year ago.
Sadly the Police are not correct no doubt because they deal with Criminal and not Civil law Your husband DOES have Matrimonial Home rights in the property and you have no right to exclude him until you have a Decree Absolute; a final financial order , or an Order Excluding him as a result of physical violence.Any attempt to force him to leave will allow him to obtain an Occupation Order allowing him to live there - possibly excluding you.That is an Order that CAN be enforced by the Police.The threats that he made at the time that you left are not at this time sufficient to allow you to obtain an order excluding him.An actual attack - or a longer history of verbal threats could be sufficient.I asked about the finances to assess whether the offer you have made is actually sufficient.If it is not then a realistic offer may lead to the outcome that you wish without the need for court involvement.Please do NOT rely on what the police have told you - it is simply not correct
Customer: replied 1 year ago.
Thank you and apologies for believing the police. I wasn't trying to offend in any way. I was just simply trying to get an answer quickly from someone over weekend and they came back with that. I was in a panic over the weekend and was looking for anyone who could help me quickly.
Expert:  Clare replied 1 year ago.
I can understand the panic - this is an horrendous situation for you Would you like some advice on the way forward?If so I do need the details of the values!