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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 3447
Experience:  LL.B (Hons)
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My husband wishes to separate. He has found somewhere to

Customer Question

Hi my husband wishes to separate. He has found somewhere to live and will be moving out. I would like the house to be sold so I can move on . He's saying no to this.. and I have to stay here with the kids.. what are my rights . I have two children one who is disabled
JA: What steps has your husband taken? Has he filed any papers in family court?
Customer: No nothing just found somewhere else to go
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your husband live in?
Customer: We live in Scotland. North Lanarkshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My name is ***** ***** mortgage even though we are married
Submitted: 13 days ago.
Category: Scots Law
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
I'm OK to wait
Expert:  RJM Law replied 12 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 12 days ago.

Thank you for the question.  If you and your partner have separated, you may wish to look at obtaining a separation agreement.  This will outline your fiduciary rights moving forward after the separation.  In terms of the sale of the house, as it was, from what I understand,  a property which was your matrimonial home, you could look to raise an action of Division and Sale.  This what is commonly known as a forced sale order, basically it is a court order obtained by one party when the other party does not wish to sell the home.  As stated you will want to look at a separation agreement as you may be entitled to spousal maintenance.  I would strongly advise seeking legal representation in this matter so that you are fully aware of your rights in terms of the matrimonial assets.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.