my husband and i split up almost 3 years ago because of his drinking, he moved out and was renting but we have a morgage he still helps pay for and now he wants to just move back in do i have any rights?
i offord to buy him out but he keeps changing his mind every few months.
1. You should immediately apply for a separation order and as part of those proceedings seek emergency relief preventing your husband's access to the house, on the basis that you have been living apart and carried on separate lives for the last three years. Be aware that in law, one co-owner/spouse cannot in law prevent another co-owner/husband from occupying a house which they jointly own, unless there is an order of the court preventing that person living there. Here, what you really need is a proactive solicitor who will issue separation proceedings and write to your husband informing him you will make an application to court should he seek to move back in. In the meantime, you should take the practical step of changing the locks so that he cannot come in the house unauthorised. Be aware that you will have to apply for a separation order as you have to be living apart for four years before you can apply for a divorce. Be aware that the situation is not much different if the house is in his name, or in your joint names. If it is in your name, you can lawfully exclude him.
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Barrister 17 years experience
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