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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
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 husband is refusing to allow my 19 yr old daughter to return

Resolved Question:

My husband is refusing to allow my 19 yr old daughter to return to live at our martial home after 2yrs at college..We have his 22 yr old son living with us also for the past 3hrs. Can he legally refuse her living here.she has no where else to go and does not currently work.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Who owns the property?
Clare
Customer: replied 2 years ago.

We have lived in our current property since renting it through an agency in April 2011.both me my partner at the time( now currently my husband since march 2014 )rented it from the beginning of our tenancy with my own daughter living there and his son who has lived with us from the start.my daughter moved out 2 go to college for 2yrs... we were going through the process late last year of buying the property from the owner we rented from for the past 2yrs..We spilt up b4 the house sale went through. I took my name off the mortage application and moved out....the sale went through we got back together and i moved back home either just before or very soon after him buying the property..i have paid half towards everything since through our joint account Inc mortage payments.we got married in march 2014.but the relationship has broken down..my daughter was due to move back in after finishing 2yrs of college but he is saying he has the right to refuse her entry to our house.his son has lived with us frm the start and says his son stays regardless but my daughter is now going to b homeless if he says she can't move back... I av offered to share my own room with my daughter can he do this.can he kick me out our home or refuse me or my daughter entry or change the locks without my knowledge?

Expert:  Clare replied 2 years ago.
Hi
So the house is owned by your husband and is the marital home is that correct?
Clare
Customer: replied 2 years ago.

Yes.we have a joint account over 6 mths olf I av paid in 2 as well 2 wards joint bills

Expert:  Clare replied 2 years ago.
Hi
Are you willing to end your marriage on this issue?
Clare
Customer: replied 2 years ago.

Yes.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

We owe £85,000 on the property we call our martial home.before we bought it it was valued around £105,000.we have spent around £10,000 so far renovating it. I owned my own house before I met my now husband.but upon getting married I know he has half rights to my property which is rented out. £56,000 is owed on that house and it's valued around £70,000.my 19yr old daughter is homeless as of next week after completing 2yrs at college...he is refusing to let her live here or come in the house when he has his son living with us...Can he do this legally? Refuse to let her move back??

Expert:  Clare replied 2 years ago.
Hi
Since it is the matrimonial home you have an absolute right to live there so long as you are married - unless there is a court order excluding you
Whilst you are in the house you are entitled to have your daughter there as your guest - even overnight - but when you are not in the property then she has no right to be there and can be made to leave
In terms of the financial settlement if you have only lived together for three years in total he has certainly not got a claim on half the equity in the property held in your sole name unless he has made a financial contribution to it.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

It's 4yrs we have been together not 3yrs..march 2010 we met...moved in to the rented house 2gether 1yr into our relationship which he eventually bought last year when we split up..We got back together soon after house sale went through...then we got married in March..my mortage for my rented property, the tenant and her husband get housing benefit as she disabled so what they pay in rent covers my mortage payment with no extra money needed to put to it...i was under the impression once we got married he would b entitled to half my own house in my maiden name?? .. so i am definitely entitled to half our matrial home we live in as ive paying towards all bills out our joint account since last year??? his son living with us has been a lot of our problem also..am I entitled to ask his 22 yr old son to leave our martial home..he works full time earning good wages...Can I do that.

Expert:  Clare replied 2 years ago.
Hi
The extra year does not alter the position - it still doesn't mean he gets half of the property that you had before.
Yes it is an asset that the court can take into account - and it may mean that you get a slightly smaller share of the equity in the matrimonial home - but that is all - had you been together 14 years instead of 4 - then that would have been a different matter.
Since you do not own the house you cannot ask his son to leave when his father is not there
Clare
Customer: replied 2 years ago.

Hi my husband has now started putting locks on all our tools jointly owned in the garage and says I am not allowed access to them unless he his here.can he do this legally and what can I do about it?

Expert:  Clare replied 2 years ago.
Hi
Get a set of bolt cutters and release any that you need
C;are
Customer: replied 2 years ago.

Iam afraid if I do that he will ring the police on me..am I in my rights to do that? Also he has put a lock on the 3rd bedroom his son use's which has some of my personal stuff on top of the wardrobe in their.can he do this also? I have looked on the Internet and want to file a note of intrest in the property for occupancy rights in case he tries to kick me out as it's his name on the mortage.can I do this myself or do I need a solicitor to do that??? Thxs susanna

Expert:  Clare replied 2 years ago.
Hi
You do not need to register your rights of occupation - you have those because you are married.
You can register your right to a financial interest using the form here
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
and you can do that yourself
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
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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