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occupancy rights

  • lesley119
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30 Aug 12 #352915 by lesley119
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hi,i have separated from my husband and am taking over the mortgage on my home,why does he have occupancy rights even though the house will be in my name only.

  • rubytuesday
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30 Aug 12 #352918 by rubytuesday
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Welcome to Wikivorce.

Is there a Separation Agreement detailing that the house is to be transferred to you solely?

Once you are the sole and legal owner, he will no longer have any occupancy rights as he won''t be a co-owner.

  • Fiona
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30 Aug 12 #352920 by Fiona
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Regardless whose name is on the deeds someone who is married has the right to live in the matrimonial home. In Scotland your husband''s occupation rights end either when you divorce or
if he leaves the family home and does not return for two years or more.

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30 Aug 12 #352924 by lesley119
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No separation order.he wanted to sell so ive taken on the mortgage.will the occupancy rights change when we divorce

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30 Aug 12 #352950 by Fiona
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What about transferring the property deeds? IF he is still on the property deeds he will still be a joint owner even though you are paying the mortgage. YOu can usually only divorce when the finances have been settled and arrangements for children under 16 are in place.

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