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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 am married to a solicitor and due to a massive breakdown

Resolved Question:

I am married to a solicitor and due to a massive breakdown in communication and her family interferance. I have said i have had enough. Yesterday. My wife left the property yesterday taking our child and states that she wants me out of the house immediately and is going to court today to get an order to remove me. Shared house no domestic violence. Can she do this? Help


 


 

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Who owns the property and how old is the child?
Clare
Customer: replied 2 years ago.

The property is joint owned and our daughter is 2

Customer: replied 2 years ago.

Hi Clare,


the property is joint owned and our daughter is 2


I have another daughter who stays regularly and she 14 form a previous marriage

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How is the day to day care of the child managed?
Clare
Customer: replied 2 years ago.

The house is worth about 200k with a 160 morgage

 

i run my business from my house, attached work yard, tools machinary etc...

She is currently living with her uncle refusing to speak or communicate except for send text say get out of the house so i can move in.

Lucy child care 3 days a week we split the other days

 

Wife only works part time.

Expert:  Clare replied 2 years ago.
Hi
Could you work elsewhere?
Clare
Customer: replied 2 years ago.

we bought this house for my business to run from i am a landscaper, tree surgeon. i would pay equilent to another morgage to store or run my business from another location.


The house is half built that we live in, work in progress and worth less than what we bought it for


 

Customer: replied 2 years ago.

I have redused my work now so that i can do 50 50 care for our daughter

Expert:  Clare replied 2 years ago.
Hi
Are there any other assets and what income do you each have?
Clare
Customer: replied 2 years ago.

we are struggling to live as it is so each income supports the house just


if one moves out and has to pay to live the other cannot afford to stay


 


no other assets

Customer: replied 2 years ago.


my wife has mental health issues and is not taking her medication and she is also suffering from having our daughter as she did not want her

Expert:  Clare replied 2 years ago.
Hi
Given that clearly you can no longer both live in the property what do you believe will happen next?
Clare
Customer: replied 2 years ago.


I think that she will fabricate the truth to obtain an order to remove me from the house claiming that she is the sole carer for our daughter.


 


I dont have a problem her living here but she has a problem me living here. As she has moved out technically where do i stand?


 

Expert:  Clare replied 2 years ago.
Hi
Unless there is physical violence you wife will not be able to obtain an Order excluding you from the Former Matrimonial Home - but equally she is entitled to return to the property whenever she wishes
Clearly if the relationship is over then negotiations have to agree how the property will be divided - who will finish off the work and how you will continue to run your business
This is best done using Family mediation (www.familymediationhelpline.co.uk) - but there is no automatic answer as neither of you has the automatic right to remain
An urgent referral to mediation would show the court that you at least are approaching this in a reasonable and conciliatory manner and will allow you to make interim arrangements regarding your child
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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