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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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 wife and I have been living separately for more than a year.

Resolved Question:

My wife and I have been living separately for more than a year. Infact she has has been living abroad.
Now we are on the brink of a divorce she has announced that she will come back to the UK and that she will move back into my home (owned by me in my name since before we ever met)
I have grounds for divorce but have not filed yet.
I find her intolerable to live with , is there anything I can do to stop here moving back in.
We do have a child together so I would tolerate a visit in order to see my child but I do not want this to turn into an ongoing situation and I am afraid if she comes for a visit she will not move out again as she seems determined to stake a claim on my property.
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.
Which part of the Uk are you in?
Who does the Child live with?
is the property the former Matrimonial Home?
Clare
Customer: replied 2 years ago.

I live in Mytchett near Camberley Surrey. my wife was an internet bride from Kyrgyz republic , we met several times before she came to the uk but she told me she was taking a contraceptive pill when I visited her but she lied because she wanted to get pregnant so by the time she came to the uk she was already pregnant and we had to marry in order for her to stay. She therefore moved in with me and my home became our matrimonial home. Life together became unbearable and we spoke about divorce but she said she wanted to stay to get a British passport. This happened but then and she left with our daughter to return "home" ... I have sent money to support both of them and we have had very little contact but now she claims that our daughter does not have a visa to stay in Kyrgyz republic so she must return to the uk. She has stated clearly that she does not want a relationship with me but says she has "rights" to live in "my home" and to stay in the UK

Expert:  Clare replied 2 years ago.
Hi
How much is your house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you have?
Clare
Customer: replied 2 years ago.

house (flat) is worth around £160k mortagage is around £80K I am self employed HGV driver with income around 16k

No other assets , no pension.

Debts

Bank loan £6.5K

Credit cards £9.5k

She does not work or have any income

She does have some jewellery and a fair amount of gold that was given to her by her family but I do not know its value and we have a collection of baby/chidrens clothes which we were planning to ebay which may raise a couple of hundred quid ?

You didn't ask but our daughter is 6 years old and we have been married for 6 years too

We got married just after our daughter was born and prior to her visa for a 6 month stay in the UK running out.

We spoke about divorce before but she became verbally aggressive saying she must get a British Passport and then she would leave.

She got her passport and citizenship and subsequently left.

For my part at least the relationship was genuine from the start but as I am sure you can understand I am now doubting her true motivation and very worried that she is only returning to the UK to take everything that she possibly can from me.

I have been sending money to her monthly (more than the average monthly wage) and I know that she has been studying a vocational course out there and I see no reason for her to do that if she wasn't planning a long term future there

PS , Our Daughter speaks Russian with very limited English (also her Mums choice ! ) which also suggests no genuine plan to settle in the UK and she completely refuses to have anything to do with other members of my family ( parents , children from my first marriage) or any of my friends and trys to stop me from seeing any of them too !

Expert:  Clare replied 2 years ago.
Hi
Is there any real likelihood of her obtaining employment in the UK.
Clare
Customer: replied 2 years ago.

To be honest I would say it is very unlikely.

There is no reason why she should not get some form of employment if she put her mind to it. Her English is acceptable and she is intelligent and well educated. She is an excellent nail technician and worked in a very good high quality beauty salon before she came to the UK and she has just completed a diploma in hair dressing in Kyrgyz Republic

She is employable but I am sure that she would not seek any form of employment unless her circumstances here were such that she had no choice.

We have talked in the past about the possibility of some kind of online business (selling on ebay for example) and she did seem quite keen on that so she could possibly achieve some form of income from something like that.

Expert:  Clare replied 2 years ago.
Hi
It is bad news I am afraid - if she does return to the Uk then she is indeed entitled to return to the matrimonial home.
Equally I an afraid she does also have a financial claim on you and on the property
Within the financial side of divorce proceedings this is an issue that can and will be resolved.
In the mean time there is little that you can do to prevent her returning other than ensuring that the locks are changed and there is no easy entry for her.
She will then have to apply to the court for an Order allowing her to re-enter the house - given the history you have a reasonable chance of resisting this - although if she is correct about the position of your daughter then that would change matters
Please ask if you need further details
Clare
Customer: replied 2 years ago.

You are right it is not good news and it feels very unfair considering she has made zero contribution , has lived off me throughout and continues to do so making no effort of any kind to generate any income or contribution to our expenses and making no secret of the fact that she sees me only as a source of money a place to live.

She left the country with the intention of ending our relationship and told me she wanted nothing from me and nothing more to do with me but now it seems she can march back in and strip me of my home and income ?

Is there really nothing I can do to defend my home ? I have heard from another source a suggestion that I could take out an injunction to stop her returning to my home , is this possible and if so where can I find out more ?

I am not trying to escape my obligation to support my daughter (even though her mother has tried to keep us separate) but surely her mother must have to make some kind of effort to contribute rather than destroying everything that I have (which isn't much !) and putting me out on the street !

Can you give me an indication of the worst case outcome , if I sell the flat how big a share is she likely to be able to claim and is she able to stop me from selling. There are clearly not sufficient assets or funds to provide two homes so I am at a bit of a loss as to what possibilities there are if we divorce.

I understand you may not be able to give specific advice but can you give a broad brush idea of the possible outcomes

Expert:  Clare replied 2 years ago.
Hi
Since there has been no incidence of violence there is no Order that you can apply for.
However as I mentioned in fact your ex will need to apply to the court to re-enter the property and I believe you have a good chance of resisting that application.
Worst case scenario would be her being allowed to return to your property and remain there until your child is 18 or she cohabits
I do not think that this is likely to happen
In terms of her financial claim it is likely to be between 10% and 30% of the equity - with the lower end more likely
Clare
Customer: replied 2 years ago.

Sorry to go on but I do have another thought. At the moment my wife and daughter are living abroad and have been for for since August 2013.

If they do come to the UK , which she says they are planning to even if it is only to take her possessions from the flat then I am assuming it changes my position if I let them in AT ALL

Is this correct ?

If she comes to "collect her things" does the fact that she moved out more than a year ago mean I can insist she does not stay and if so is there a time frame that determines what is a visit as opposed to her being able to say she has moved back in ?

If I file for divorce first and then allow them into the flat on the understanding that they are visiting to collect there possessions only then can I still legally insist that they leave or is it the case that if she gets her foot in the door then I am not in a position to insist that she leaves whether I have filed for divorce or not ?

Thank you for you help and sorry to go on so much :-)

Expert:  Clare replied 2 years ago.
Hi
No neither of those will assist.
Far better to pay for them to stay elsewhere and pack her belongings up for collection
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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