Terry & Co Home

Separation
June 12, 2022 10:25AM
Hi

I am 43, she is 40. We have been married for 11 years. We own a house which is worth 200k, with 50k still left in the mortgage. Mortgage and house is under my name and I have been paying the mortgage all these years. My Mrs behavior has changed since she started a new job couple of months ago. We have a little 10 years old daughter. I feel like my Mrs wants to separate but I have not intention to separate from her. Can you please advise on below;

1. I want to remortgage the house and send the money to an offshore account.
2. Can my Mrs evict me from the house on the basis of unreasonable behavior?
3. Can we live in the same house after being separated?

Thanks
Re: Separation
June 12, 2022 12:43PM
>>1. I want to remortgage the house and send the money to an offshore account.

You will not be able to do that without your wife's signature which no solicitor would advise her to give. She has an overriding interest in the property whether it is in your sole name or not.

>>2. Can my Mrs evict me from the house on the basis of unreasonable behavior?

No, but ultimately your wife and daughter need somewhere to live. They may end up staying in the matrimonial home.

>>3. Can we live in the same house after being separated?

Yes, but that is unlikely to be a long term solution after divorce and you could not inflict that on your (ex) wife against her will.
Re: Separation
June 13, 2022 09:20AM
Hi David,

thanks for your reply.

>> You will not be able to do that without your wife's signature which no solicitor would advise her to give. She has an overriding interest in the property whether it is in your sole name or not.

I have spoken to the bank and they have advised that I can remortgage without her signature. I am not sure if she has already filed for divorce. She moved out last week and currently staying at her mums. She thinks I have threatening behavior towards her.

>> No, but ultimately your wife and daughter need somewhere to live. They may end up staying in the matrimonial home.

They are currently living with her mums. I dont know what she is planning on doing but I think she is filing for divorce and probably will use threatening behavior as a reason. I do not intend to leave house, we could live separate lives as the house has enough rooms for us. Can the court order to evict me even though I am willing to stay at the house?

>> Yes, but that is unlikely to be a long term solution after divorce and you could not inflict that on your (ex) wife against her will.

Can the court impose her will on me?

Many thanks
Re: Separation
June 13, 2022 10:33AM
1. The bank would be negligent if it loaned you money on the security of the house in these circumstances. If your wife has left the property she would be well advised to register a Matrimonial Homes Act notice against the property as soon as possible.

2, It is totally unrealistic to think that your wife should be expected to live in the same house as you after a divorce. Yes, a court could order you out if it decided that your wife should live in the matrimonial home.

3. Whether a court can impose your wife's will upon you rather depends upon what she wants, whether it is reasonable and whether a court agrees that she should have it. Assuming those conditions were met a court could order what she wanted rather than what you want. However, a court would not impose your wife's will upon you simply for the sake of it. It very much depends upon the context of what is being asked for.
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