Can she throw him out?

[speakout]

I am looking for some wisdom here.

My friend lives with her husband but wants to separate as the situation is intolerable. She married 8 years ago and bought her house outright - so no mortgage. The deeds are in her name alone. She has asked him to leave but he refuses.
She has spoken with a solicitor who tells her that he has a right to live there as it is a "marital home".
Is this true? She is stuck in a dreadful situation.
( Scottish law)

Needs to divorce him.

Is there a reason she doesn’t trust her lawyer?

Id believe the lawyer tbh

However, and it is not recommended on here - I would just kick a partner out and change the locks, to see if he just buggered off - if he then became threatening I would call the police! Who would hopefully remove him

queue a thousand posts telling you not to take my advice 😂😂

Oh I’d also kindly pack his bags up too

I think she can tell him to leave, but he'll likely be entitled to a share of the house to enable him to do that.

Did they live together before they married?

When did she buy the house outright?

If they’re married I don’t think it matters that she bought the house in her name, he’s probably entitled to 50% of it (I say probably in case Scottish law is different than English law on this).

Is she going to divorce him?

Thanks for the replies.

I think my friend does trust her lawyer, and has accepted the situation- but to me it seems unfair.
She bought the house 8 years ago, around the same time they married.
Her lawyer has advised that if she changes the locks, pack his bags etc he is within his rights to get a locksmith and resume living there.

"The Scottish courts do not consider any assets that were owned prior to the marriage, inherited during the marriage or obtained after the date of separation, to be included in the matrimonial pot."

https://www.newtons.co.uk/news/how-are-assets-divided-in-divorce-in-scotland/

I believe the marital home is excluded from that though @CleanShirt

yes ofc he can get back in if he changes the locks but some men might not bother and just accept it’s better to live elsewhere

Her lawyer is correct, it’s the risk of marriage unfortunately. That protection is exactly why women are told to absolutely marry before having a child, it means they can’t just be kicked out if their partner fancies it.

Thank you for all the replies.
So it seems she is stuck and whatever way forward it will cost her £££.
He won't agree to a divorce or a separation.
It's such a sad situation, she is struggling.

Depending on what you meant in your OP by “intolerable” she may be able to get a divorce under “Unreasonable Behaviour” which wouldn’t require his agreement, she would need evidence but it may be an option?

Your friend is within her rights to file for divorce whether he agrees or not; she doesn't need his consent.

How he reacts after she files will be anyone's guess, but if divorce is what she wants he will be powerless to stop it.

OP is in Scotland, this is not the case there.

He can not want the divorce all he wants.

She doesn’t need his consent to divorce. However, until the divorce it is the marital home.

Yes she could change the locks. If he threatens her she could call the police. However, it could back fire spectacularly if he isn’t stupid. Is he likely to threaten her? Or will he play it smarter than that and use it to prove her abusive behaviour. I am not saying she is abusive, but she would be playing into his hands.

What happens to the asset depends on where they are, earning potential and lots of details. But he could be entitled to a chunk of the money from the house.

The solicitor who has advised your friend is presumably in possession of the full facts of the situation.

Is there a particular reason you think the advice she’s been given is not true?

If she needs further advice or a second opinion it’s probably better sought from another meeting with a different solicitor.

It would be interesting to know when exactly she bought the house. Was it prior to the marriage because that will mean a lot in the divorce proceedings?

She can divorce without consent but it will have a greater cost. Her solicitor must have given her advice on this.

They are married so the house minus any mortgage, is a marital asset, regardless of whose name is on the deeds,

She needs to file for divorce asap. They then need to reach an agreement on the way forward. Can she buy him out of his half, meaning he walks away with half the value of any equity in the house, plus half other assets? Can he buy her out? Or would she prefer for the house to be sold, and they split the proceeds?

They could in theory both live in the same house until sale/divorce but it won't be easy. If he is a threat to your friend, then she needs to report her worries to the police who may support her in getting a restraining order,.

But all options start with her filing for divorce.