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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Ok my wife left me and the two children aged 6 and 16 back

Customer Question

Ok my wife left me and the two children aged 6 and 16 back at the start of dec 2013 for another man, she has moved in with him and taking pretty much all her belongings. Now we rented the house together but I've been paying the rent since she left. I also have all the benefits in my name eg. housing, council, child and working tax benefits. Now its turned sour with her new partner, and she wants me to move out by the end of the week and for her to move back in with the children. I don't want to move out, I want to stay in my house with my two children. What are my rights????
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 has the care of the children been shared between you until now/
Clare
Customer: replied 3 years ago.


hi Clare, ive looked after them, whilst Natalie has had them twice over night and looked after them here at the house she left.

Expert:  Clare replied 3 years ago.
Hi
have you started divorce proceedings yet?
Clare
Customer: replied 3 years ago.


no not yet as Natalie said she wouldn't divorce me.

Expert:  Clare replied 3 years ago.
Hi
Your ex still has the right to return to the Matrimonial Home - but she cannot force you to leave unless she can prove that you have been violent - but remember it is all to easy for a woman to accuse a man of violence.
There is no reason why you cannot issue a divorce petition based on her Unreasonable Behaviour and you do not need her agreement for that - and within the Divorce proceedings you can apply for an Order that the Tenancy is transferred into your sole name so that she no longer has the right to return
In addition children are not belongings that can be swapped around - and you have been their main carer until now and there is no reason why that should not continue - if your ex challenges this you may need to make a separate application for a Residence Order
You should offer to negotiate all these points using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare