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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi6 months ago i left the matrimonial home due to my wifes

Customer Question

6 months ago i left the matrimonial home due to my wifes unreasonable behaviour , to live in a squalid bedsit 4 miles away.

Because i now find myself depressed, and things are still not right between my wife and , but i am considering moving back in without even asking her, and sleeping in the spare bedroom permanently .. am i within my rights ??

Both my wife and i are named on the mortgage , and throughout our separation i have continued to contribute to the running of the matrimonial home where my 2 boys also live.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
I will do my best to assist you but I need some further information first.
How old are your children: how much is the house worth and how much is outstanding on the mortgage?
What income do you each have and what other assets and debts are there
Customer: replied 4 years ago.
Relist: Incomplete answer.
simple question.. am i within my rights yes or no ?
Expert:  Clare replied 4 years ago.
As a joint owner and in the absence of a Court Order excluding you then legally you can move back to the property.
However if you allow your ex to then provoke you to even the threat of violence you are likely to be facing an order excluding you from the property
It may also impact on your future financial settlement and your contact with the children - which is why you may wish to consider other options such as limiting your payments to your ex to the CSA rate so that you have sufficient to rehouse yourself properly.
However the basic answer - is yes you can indeed do this