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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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My ex husband left 18months ago, the house is still in both

Customer Question

My ex husband left 18months ago, the house is still in both our names however he's not paid a penny towards to mortgage. He now wants me to buy him out which I can't afford to do, I live here with our 2 small children comfortably and don't want to move.
He's now saying he'll move back in and pay towards the mortgage again but in turn stop paying CSA! I don't want him moving back in, we both have new partners and very confusing for the kids..
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
You call him your ex husband. Are you divorced yet or just separated?
Customer: replied 2 years ago.
Separated in jan2014, looking to divorce soon!
Expert:  JGM replied 2 years ago.
Good. So the family law applies. You should see your solicitor about raising divorce proceedings and as part of that ask for the house to be transferred to you or at the very least an order allowing you to stay there until the children are older. He is entitled to his fair share of the house but that has to be assessed in the overall financial circumstances of the family. The house can't be looked at isolation. For example, he has to pay child maintain economic but may also be due to pay maintenance to you. The house transfer could be done in lieu of some of that maintenance liability. In other words your solicitor and his solicitor, or the court if it can't be agreed, have to look at all the circumstances and reach a clean break settlement on that basis, not just on the basis of the house and mortgage.
Customer: replied 2 years ago.
Thank you for your reply, I attend to seek help however my main concern just now is can he just decide to move back in after 18month?
Expert:  JGM replied 2 years ago.
Yes, he can if he is a joint owner.
Customer: replied 2 years ago.
And is there anything I can do to stop him? He hasn't paid a penny towards the house since he moved out and my new partner is living with me..
Expert:  JGM replied 2 years ago.
No, there isn't, unless you think he might be violent or affect physical or mental health of you and the children in which case you can apply for an exclusion order but such orders are not easy to get without proper witness evidence of a propensity to violence and, usually, medical evidence.