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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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is a court order restricting access to property in the usa

Customer Question

is a court order restricting access to property in the usa and a matrimonial home in the Uk viable in or during divorce procedings
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.
Could you explain a little more about the background to your question please
Clare
Customer: replied 3 years ago.

Hello,


Susan the lady in question was granted a separation type order in the US in August 2013 with spousal support, but was denied access to her marital home in the US (joint ownership). Husband has lady friend. Susan came back to the UK because her father was very ill and has since died. She is living in a one bed apartment in lancashire,(joint ownership). She has not received one penny of the spousal support,and now her estranged husband is telephoning her at all hours very threatening and has announced his intention to return the the UK very soon and take up residence in the one bed apartment, weather she likes it or not. Susan is terrified of this prospect. her solicitor in the US says it will compromise her prospective divorce if this should happen, we believe her husband knows this. but her US solicitor is not sure of UK law.


 

Expert:  Clare replied 3 years ago.
Hi
What action is her US solicitor taking to enforce the spousal support?
Has your friend considered changing her phone number?
has there been any domestic violence?
Clare
Customer: replied 3 years ago.

The none compliance of the spousal support whilst crucial is not the main issue here. The huge implications not to mention the trauma that Susan is going through at this time at the prospect of this man moving to the UK albeit for perhaps a few months and to wish to live in such close confines as a one bed apartment affords, is unthinkable, not only that but he does drink and can be very unpleasant if not indeed threatening and very nasty (Susans words). What we are looking for here is how can we stop him moving into the apartment, if indeed we can.!!!

Expert:  Clare replied 3 years ago.
Hi
I appreciate that - which is one reason why I need to know if there has been any domestic violence
Clare
Customer: replied 3 years ago.

Susan has not suffered actual physical abuse, but long running and on many occasions very nasty verbal abuse, with the fear in her mind that it could become physical at any moment.


There has been occasions (2011) when the police came to the house because of the violent altercation.

Expert:  Clare replied 3 years ago.
Hi
Was that here or in the States?
Clare
Customer: replied 3 years ago.

It was in the States, their home is or as far as Susan is concerned was her home, is in the States.


The apartment here in the UK was a type of holiday buy.

Expert:  Clare replied 3 years ago.
Hi
Please bear with me I am trying to see how to structure a Court application
Other than to distress your friend does her ex have any reason to come to the UK?
May I ask whether your friend has sought medical help for depression at all?
Clare
Customer: replied 3 years ago.

Yes, He is giving the reason, he says that as a big supporter of Blackburn rovers he wants to watch them in the "play off's". he has not been over to support them for a number of years, so why now ? they are not in the Play off's.


No Susan to our knowledge (my Wife and I) has not had any recent treatment for the likes of depression.


How ever we are very concerned about her state of mind at this time and it worries us, she is we think about to crack,all this this so soon after her fathers death. we know she has a large quantity of valiam too. worried.

Expert:  Clare replied 3 years ago.
Hi
Still looking for a way around this - what is actually happening with regard to the American divorce - do you know?
Clare
Customer: replied 3 years ago.

Susan has no access to her family home, no financial support, his solicitor is just playing games and muddying the water, IE sent a 400 page submission recently that is all that has taken place since last August. Her ex does not want a divorce, Just the family homes, denying her access and support, and has told her just to get on with her life and leave him do his thing, ( other women etc ). Now this, threatening to just take possession of the UK apartment and push her out, he knows if he did arrive that she would leave. In affect she would become homeless.

Expert:  Clare replied 3 years ago.
Hi
How long has she been living in the UK now?
Clare
Customer: replied 3 years ago.

About Four months. She came over because her father was very ill and has since died,


She was living very much hand to mouth, and still is for that matter. She did not have a permanent abode, but stayed with either friends or sometimes with her daughter, which was not a very harmonious arrangement.


She really should be going back to the US to be there for any court hearing that might be coming up, so as not to give him the excuse to have the hearing adjourned yet again. However this latest ploy of his to take possession of the UK apartment is extremely worrying to her as it is the only hope she has of having a home of her own.

Expert:  Clare replied 3 years ago.
Hi
For clarity - does she wish to move her permanently?
Clare
Customer: replied 3 years ago.

Yes, She has nothing left in the US to go back to live there for, no home, no income, not a lot of actual support from her two siblings, nothing really.


Are we any nearer to an answer to our original query?


Can we prevent her to be ex husband from just arriving from the US and without so much as a" how do you do " move in weather she likes it or not, into a small one bed apartment when they are in the middle off a divorce action? and an acrimonious one to say the least.


 

Expert:  Clare replied 3 years ago.
Hi
Since he is a joint owner of the property he is entitled to go there
HOWEVER your friend is entitled to apply for an Occupation Order based on his behaviour towards her and the fact that he would be here apparently on holiday whereas your friend is living there.
Usually there has to be some physical violence - but in this case the circumstances are such that I believe that the Court would grant the Order anyway.
You can read more here
http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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