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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34497
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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my husband was being unreasonable and we kept on arguing i

Customer Question

my husband was being unreasonable and we kept on arguing i told him i was going to my parents for a while he said i never!with a week he'd packed all my belongings that was in our materiel home and changed the locks on our home were do i stand?as the mortgage is in his name but weve been together for 8 yrs lived together for seven and married for nearly five!please help im totally distort?

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
When did this happen?
How long have you been living together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

he has been saying on and off he isnt happy for the last year?cause ive had money issues in the past and he cant get over the past!we had a massive row three weeks ago i was coming home on the phone and he called he was nasty saying he didnt know where i was when he did?so because he said he wanted space i gave it to him the next day i went and collected some of my belonging and left a note saying we need time apart like you wanted,i love you so much,i dont want us to argue anymore!its now two weeks later and hes bagged up all my belonging and changed the locks on our home.


we've been living together since 2007 and was married in 2009!the moragte is in his name!we brought the house in 2007 for 190,000 and it now worth 180,000.their are no childern involved as he says im too irresponable to have a dog let alone a child.

Expert:  Clare replied 4 years ago.
Hi
How much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

im not sure?maybe 160,000 depent on interest he never let me see this things


 

Customer: replied 4 years ago.

im so confussed .

Expert:  Clare replied 4 years ago.
Hi
You have a right to return to the matrimonial home whenever you wish - and the right to live there so long as you are married
If your husband tries to exclude you then you can apply to the court for an occupation order allowing you to return to the property and forcing him to leave
You can read more about this here
http://www.russell-cooke.co.uk/clientUpload/document/file/Occupation%20of%20the%20family%20home%20pending%20divorce%20-%20Family%20Law%20Journal%20-%20November%202010.pdf
I suggest that you inform your ex that unless he wishes to be forced to leave the property himself then he should allow you to return to the property as soon as you wish to do so.
I hope that this is of assistance - please ask if you need further information
Claire