I have separated from my husband with a view to a divorce based on two years
As part of the process we drew up, and signed, a separation
agreement. One clause in this is:
5. The Parties agree that until the Property is sold, the Second Party will live in the Property to the exclusion of the other Party and will discharge the outgoings
in respect of the Property and indemnify the other Party. The First Party will continue to discharge the Mortgage.
My husband, the second party, has now moved out because he says he doesn't want to live there. So the house is now empty. I do not want to sell the house now because the market is flat and I will have to pay a mortgage redemption fee if I settle the mortgage before July. But I also cannot leave the property empty.
Is he now in breach of the contract and what recourse do I have? Can I insist that he has to live in the house? Can I sue for breach of contract? Can I withdraw my offer to give him 50% of the equity (as outlined in the agreement) because he has defaulted on the contract?