UK Family Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
yes i do own home, and yes we named as registered proprietors of the property on a mortgage.
Hi, Thanks for your reply.
Firstly, if you presently hold your interests in the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any director made in the Will.
If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-http://www1.landregistry.gov.uk/publications/?pubtype=49
Your spouse need not sign the form provided you follow the instructions. You will then hold your shares as what is known as "tenant in common" and each person's share would pass according to the person's Will or under the intestacy rules upon death. If you do not have a Will then you should consider making one immediately.
If you both named on the title to the property then you both have a right to occupy the property that neither can deny the other. This remains the case unless there is a Court order to the contrary made pursuant either to civil or criminal proceedings. At the present time you cannot get him to move out I'm afraid.
You should consider seeing a solicitor if you wish to try and negotiate him moving out, but unless the child's welfare is in jeopardy (rather than it being simply uncomfortable) then getting him out is going to be very difficult if he is not agreeable.
You should also strongly consider mediation to see if you can work through the problem with a family practitioner. They can help you both negotiate your way through this difficult time. Resolution are a national organisation who can provide guidance initially in this regard:-
I am sorry it could not be better news.
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