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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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Hi i separated from my husband a year ago due to mental health

Customer Question

Hi i separated from my husband a year ago due to mental health problems. I moved into a separate flat & we share custody of our daughter 50/50.

My house has been up for sale with little interest for around 8-10months. My husband has informed me today that he plans to move his girlfriend and her two children into the house until it sells & could i take the remaining belongings out of the house.

We have a joint mortgage although since leaving my finances do not enable me to pay for the mortgage as well as my flat, however my husband earns double what I do & can afford it.

Can he legally move his girlfriend in? Can I force him to buy me out or do I have to wait for the sale of the property?

I live in Scotland.

Kind regards
Ankale Denovan
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You can't force your husband to buy you out but you can get an order asking for the house to be sold under the supervision of the court. That is an expensive route to go down especially if the house is already on the market and the intention is to have it sold.

You can also insist as a joint owner that he does not move his girlfriend and family into the house. At the same time, if you are not contributing to the mortgage you might want to consider whether you want to make this an issue between the two of you at this time.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can help you further here. If not please leave a positive feedback so that I am credited for my time.