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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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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hi im a tenant through my employment and was recently rehouse

Customer Question

hi im a tenant through my employment and was recently rehouse but after getting the tenancy iv found out my wife has committed adultery so I moved out, now I want to move back in but my strayed wife has put a harassment warning on me, how do I stand in moving back in the tenancy is in both our names but she was seeing another guy when she sign this and mantaned that we were separated.
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.
Is the tenancy of the property dependent on your employment?
Are you intending to divorce your wife?
Clare
Customer: replied 2 years ago.

well the house I was in with my wife and children was tied to the school, but they needed the ground so they re housed me and both my estrayed wife and I sign a joint tenancy, but I also sign a acas settlement a legally binding contract..only I sign this as I worked for the school, in this agreement it mentions the new house we moved into,also iv wrote to human resources manager and she said that as a service occupancy agreement is used when an employer requires an employee to reside in a property owned by the employer for better performance of the employes duties, as for the divorce im in the middle of sorting this out as wasn't sure where I stood if she is in the house and im not ,im also not paying the rent there or bills.im sleeping in a van at night as I have no where to live

Expert:  Clare replied 2 years ago.
Hi
Have you asked your employer what will happen of you are no longer living at the property?
Clare
Customer: replied 2 years ago.

no I haven't but will do this today and let you know what they say.do you think its best to divorce her sooner rather than later re the tenancy. thanks clive

Expert:  Clare replied 2 years ago.
Hi
let me know what the response is
Clare
Customer: replied 2 years ago.

hi well iv been intouch and they said that iv got a joint tenancy and if I was to give up the tenancy my wife would lose the house as well and its the same if she gives it up, soi now have the problem of this harassment warning she has put on me due to the fact that I want to move back in but she is saying no, where will I stand on the law with this how can I get round the police side of things. thanks clive

Expert:  Clare replied 2 years ago.
Hi
Just to check- is the tenancy still linked to your employment - if you are not living there can the tenancy continue?
Have you considered Divorec Proceedings?
Clare
Customer: replied 2 years ago.

they have told me as long as I still live close to school im ok and the tenancy is a secure between my wife and I, but if I was to give up the tenancy she would lose the house as well.the house was written on the accaess agreement but its looking like its not tied to my job, the problem now is this police harassment warning if I move back in .

Customer: replied 2 years ago.

Heres a small part word for word written on my acas agreement that only I sign as im the employee...the employee will agree a new contract of employment commencing on the termination date. the employee will recive a increase of one grade from sc6 to so1. the employee will recive a council house property at*****Feltham. dose this mean this is given to me and the council should not of let her sign joint tenancy. clive

Expert:  Clare replied 2 years ago.
Hi
How old are the children and who has had their day to day care until now
Clare
Customer: replied 2 years ago.

iv three girls the youngest has just turned 18 but doing another year at collage as she didn't do very well, since I walked out back in feb this year she has sign off sick with depression and has everything paid for...clive

Customer: replied 2 years ago.

Hi my youngest daughter is just turned 18 and is doing another year at collage as she didn't do very well, since I left back in feb of this year my wife has gone off sick and saying she is suffering from depression and has everything paid for,my wife has cared for them since I left but I pay her £40 per week for my youngest..clive

Expert:  Clare replied 2 years ago.
Hi
If you surrender the tenancy can you obtain another one?
Clare
Customer: replied 2 years ago.

no I can't I would have to go on housing list and wait over a year to maybe get a place offerd. clive

Customer: replied 2 years ago.
Relist: Inaccurate answer.
hi im a site manager of a school and lived on site with my wife,we then got moved out due to rebuild and house was being knock down,we then sign a joint tenancy but my wife stated in very few words we were separated over a year ago but we still lived together and I supported her, but iv now found out she has commited adultery and I left the house due to the upset in front of my girls,all over 18, my wife and I had then argued a lot and she put a harassment warning on me ,but now I want to move back in thehouse but she said she has been paying all the bills and dosent want me back in the house, this is as far as I know not tied to my job any more and I sign a acces agreement with the house being given to me..m name only on this..how can I get back in the house due to this harassment warning on me, dose she have the right to stop me and where do I stand with the law.clive

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