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JGM, Solicitor
Category: Family Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor. Partner in own firm.
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My wife left our home in Scotland to live with her daugher

Resolved Question:

My wife left our home in Scotland to live with her daugher 7 weeks ago .
But returned when I was out and change all the locks she is not on the deeds of the house I had the house before we married
She called the police .
The police said I had to leave because she had a letter from her solicitor saying she could do this but I have no letter telling me from her solictors
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question. I am a solicitor in Scotland.

Your wife has a right to occupy the house as your wife under matrimonial homes legislation. However, unless she has a court order excluding you from the house you are entitled to be there as an owner. You are entitled to break into the house and change the locks or get a key.

You do not have to leave the house unless your wife has a court order. The police were wrong to tell you to leave unless there is a court order.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi my wife has had a council tenancy for 7 year in aberdeen with her daughter .
But it's my wife's tenancy agreement
I also told this to the police this and her address for the council tenancy
But said there would arrest me if I went to my house to get in
Expert:  JGM replied 3 years ago.
They can't arrest you for breaking into your own house. See your solicitor and get a letter to that effect to show the police. This is a civil matter, not a criminal one.
Customer: replied 3 years ago.
I had to return from Aberdeen because I have no famille there only in England can I get addvice from British police before I go back to Aberdeen because it takes me 51/2 hours to drive their and 5 1/2 back to england
Expert:  JGM replied 3 years ago.
No, the Scottish police force and Scots law are different from that in England. You have to take advice in Scotland, as you are doing by contacting me.

I do suggest you see a Scottish solicitor face to face and get the advice confirmed in writing but I can tell you, if there is not exclusion order granted by a court, the police are wrong to say and do what they have done.