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QLD If I am allowed to ask my husband move out?

Discussion in 'Family Law Forum' started by MDCarol, 19 June 2017.

  1. MDCarol

    MDCarol Member

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    My husband and I are separated and we own (still mortgage) and stay in the same house for the moment. Am I allowed to ask him to move out or is he allowed to ask me move out?
    I don't want to leave the house but I do want him to move out, If it possible?
     
    #1 MDCarol, 19 June 2017
    Last edited by a moderator: 19 June 2017
  2. Rod

    Rod Well-Known Member

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    You can ask, he doesn't have to agree.

    Best arrange a property settlement agreement before the relationship takes another turn for the worse and before you ask him to move out. Consider what you need to offer to encourage him to move (eg you will pay all the mortgage).
     
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  3. sammy01

    sammy01 Well-Known Member

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    sure you can ask.... ARe you going to tell him that you expect him to continue paying the mortgage?
    Are you going to offer hiim half the white goods?

    Can you take over the mortgage and the titile?
    Look I think you need to approach him with a plan with a bit more detail than him just moving out...

    Maybe you're better off agreeing to sell the place and when it sells you go your separate ways, especially if you are unable to refinance the house into your name. This would also requireto to pay him out his shared of the value of the house. So hypothetically huse worth $400 000. You owe $200 000. You would have to give him $100 000 - but thre are other things to consider like other assets, superanuation etc etc
     
    MDCarol and Timnuts like this.
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