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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I have been married 8 months my wife moved out and now served

Resolved Question:

I have been married 8 months my wife moved out and now served me a molestation order
She has never contributed towards the mortgage it isn't in her name I owned the house for 8 yrs prior will I have to move out, she has two children age 18 and 16 they have lived here 4 months only the house is not in her name she has lied about my behaviour ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.\
How long have you actually lived together and is she trying to return to the house?
Clare
Customer: replied 3 years ago.
In different locations on and off 2 yrs in this house 6 months yes she has applied for this order and wants to return to the house I have no idea where she is now also she has said so many lies in the orde
Expert:  Clare replied 3 years ago.
Hi
When is the hearing?
Clare
Customer: replied 3 years ago.
11 of feb she has told so many lies I can actuall get a character ref from my ex wife of 8 yrs saying I was none of those things she has said
Expert:  Clare replied 3 years ago.
Hi
What other accommodation options does she have?
Clare
Customer: replied 3 years ago.
Her mother has a 4 bedroom house , her sister and brother have houses to, she has lived at her mothers before
Customer: replied 3 years ago.
She chose the homeless her decision.
Expert:  Clare replied 3 years ago.
Hi
Please do NOT use that argument in court - it will not be well received.
You need to show both that you have not been violent in the way described and that she has other housing options.
Her lack of financial contribution is NOT a relevant argument - but the short length of your relationship (2 years) and the fact that the children are not yours - and are both over 16 are.
One alternative is also to offer some short term assistance with renting an alternative property - say £2,000 as a deposit and first few months rent
Please ask if you need further details
Clare
Customer: replied 3 years ago.
She is adamant she wants to move in this house, like I said she has only lived here 6 months and the children for 4 months none of the utilities are in her name nor the mortgage what is the like hood of me having to move out we have only been married 8 months
Expert:  Clare replied 3 years ago.
Hi
Where was she living before?
Clare
Customer: replied 3 years ago.
Before me?? Her mums
Customer: replied 3 years ago.
She was living at her mums when I met her one thing I have to say is she gave her children up to the dads parents when they were 8 and 10 and not had them
Until sept last yr she obviously did visit them often and also she has a 3rd child who is off a different husband but he has custody of him he is 10 she sees him every 2 or 3 months
Expert:  Clare replied 3 years ago.
Hi
So seven months ago she was living with her mother?
Clare
Customer: replied 3 years ago.
No we was moving around a bit renting various properties, this one we are in now I bought 8 yrs ago but rented it out so moved in sept last yr
Expert:  Clare replied 3 years ago.
Hi
Thank you - do when DID she last live with her mother?
Clare
Customer: replied 3 years ago.
2 half yrs ago but often for weeks in between when she moved out
Expert:  Clare replied 3 years ago.
Hi
It is still an argument you can use.
Given what you have said there is a 50/50 chance of the court finding in her favour - but you may have a sufficiently good case to be able to remain
Clare
Clare and 2 other Family Law Specialists are ready to help you

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