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JGM, Solicitor
Category: Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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My husband left the marital home 23 months ago and his

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My husband left the marital home 23 months ago and his lawyer is now advising that he will return to the marital home. I believe this is malicious since we have been unable to agree a financial settlement.
The mortgage and title deeds are in my name.
Is there something I can do to prevent this happening or to prevent having to sell the house to give him the monies he is requesting? such as adding my current partner to the mortgage or title deeds or something along these lines?

Your husband has occupancy rights in the house. These exist for two years after he leaves. If he comes back within two years he has a right to remain. You have to ensure that he doesn't come back within the two year period, either by trying to continue negotiations or by settling the financial side of things. You can't prevent him moving back in by selling or by transferring to your current partner any share of the property. My advice is that you have to get a settlement or gamble that he won't move in before the expiry of the two year period. So to be fair to your solicitor there are limited solutions to this. The issue relates to the Matrimonial Homes (Family Protection) (Scotland) Act 1981 which you can read online. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Can you suggest any other solution ?
If I pursue changing ownership of the house, would this negate the court forcing me to sell my house, as i would no longer be the sole owner ? (currently I am the only named person on the title deeds)
Customer: replied 1 year ago.
Also wouldthe 2 years be calculated to the exact date he left the house or simply the month of his departure?
thanks in anticipation of your answer

You can't change the title as you would, as part of that transaction, have to sign a document saying you have no entitled spouse under the legislation. You can't do that as if you did it would be fraud. The two years is calculated to the exact date he left so you either have to try to delay this until after that date or reach a settlement. Those are your options, I'm afraid.

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