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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 wife is denying me access to our house following our separation. What

Resolved Question:

My wife is denying me access to our house following our separation.
What are my legal rights?
Also she has left me to sort a credit card bill she accrued on a card in my name ( she had her own card with her name on it, and I took this card out for her to use which she was paying £100 a month on ), what are my rights here.
Lastly, she is trying to make me pay half the mortgage on top of the child maintenance, is this fair?
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.
What income does she have and how long have you been separated?
Clare
Customer: replied 3 years ago.

She works part time at the moment ( approx. 16 hrs a week ), plus get child maintenance from me of £470 per month plus working tax credit of about £400 per month. We have been separated since Jan 26th

Expert:  Clare replied 3 years ago.
Hi
How far have any divorce proceedings reached?
Clare
Customer: replied 3 years ago.

My wife has petitioned for divorce last week. I am reluctant to agree until I see the petition and have financial matters sorted, AND have the rest of my stuff from the house.

Expert:  Clare replied 3 years ago.
Hi
What else do you need from the house?
Clare
Customer: replied 3 years ago.

I still have clothing, paperwork, possessions, power tools, a television, books, dvds and cds, camping and cooking equipment.


 

Expert:  Clare replied 3 years ago.
Hi
have you written and asked for the return of these items?
Clare
Customer: replied 3 years ago.

No I have asked for access to the house to collect these items. My understanding is that as my name is XXXXX XXXXX the mortgage I have a legal right to have access. I also understand that as I no longer live there I have to respect her privacy, but I'm being dictated to by her as to when I can go in, at a time to suit her. I'd much rather not be there when she is and would like to arrange a time when my 18 year old son would be home. Can you also look at the other points I made in my initial enquiry please, regarding her credit card debt and the mortgage payments.


Many thanks


Andy

Expert:  Clare replied 3 years ago.
Hi
You are indeed entitled to enter the property whenever you wish since there is no order excluding you
It would be sensible to send a list of the items that you want prior to attending to collect them
I am afraid that if the Credit Card Bill is in your name then you are responsible for it - however this will be taken into account within the financial negotiations for settlement
So far as the mortgage payment is concerned the only basis on which you might wish to pay this is in lieu of spouse maintenance - although it is borderline whether or not you would in fact be liable for this
These are in fact issues which you should discuss with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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