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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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 separated from my husband of 4 yrs who has moved out of

Customer Question

I am separated from my husband of 4 yrs who has moved out of the house, he has a volatile temper and and can snap for no reason, he has never hit me but is verbally abusive. and the police have been called out. on occasions. He is moving back to the family home at the end of the month. He is saying that he is going to get my adult son who has always lived with me/us evicted from the family home. my son has never acted towards him in anyway what so ever. will my ex husband have a case to get him evicted. I have been advised by the police to have a bolt put on my bedroom door as protection from him. \i do not want my son to leave
regards
Angela
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.
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

we have only been separated for 5 weeks. the divorce has not yet started we are shorting out the house at the moment, as we have a tenants in common agreement

Angela

Expert:  Clare replied 2 years ago.
Hi
When was the last time that the police were called out?
Clare
Customer: replied 2 years ago.

yesterday sunday i have an incident number

Customer: replied 2 years ago.

The police where called out yesterday sunday 26th Oct i have an incident number

Expert:  Clare replied 2 years ago.
Hi
What actually happened on Sunday?
Clare
Customer: replied 2 years ago.

My ex husband screams and shouts in my face, and pushes me. the police have advised my adult son and myself to have bolts put on our bedroom doors and to dial 999 if he starts again and it will be flagged straight away and they will attend on a blue light.

Angela

Expert:  Clare replied 2 years ago.
Hi
Then you can apply to the court for an Occupation Order excluding your ex from the house on the basis of the violence on Sunday.
Details here
http://www.adviceguide.org.uk/wales/relationships_w/relationships_relationship_problems_e/relationships_relationship_breakdown_and_housing/relationships_common_issues_-_relationship_breakdown_and_housing/relationship_breakdown_and_housing___occupation_orders.htm
Your ex cannot get an order excluding your son unless your son is violent toward shim - so make sure he stays well away.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Clare, Thank you for the above answers. I have today received a letter from my ex husband solicitor. Stating the following.That after the incident on Sunday when my husband attended the property. He was subjected to abusive and threatening comments by my son. as a joint owner he is entitled to access the property, although he has agreed with me that he will only attend during the day at the weekend and before 7pm weekday evenings.

They want me to confirm this in writing, shall I do what is requested or get a letter from a solicitor. i have no problems with the above.

I have issues with the fact that my ex husband has removed lots of property from the premises which he continues to do so every time he comes back. I have issues that after he left the home last time the police were called as I was in extreme distress from his verbally abusive manner and clench fists. His solicitor does not know about the police being called. I have an incident number to confirm the above and two independent witnesses. I have on advice from the police had bolts secured on doors in the house, and have been told to call 999 should he start again.

Please shall I reply and keep a copy or do you a solicitor should. Regards

Angela

Expert:  Clare replied 2 years ago.
Hi
Write back and say that in fact it was their client who was abusive to the point that the police were called.
tell them that you are concerned that their client is removing jointly owned contents and suggest that the division of the contents is agreed sooner rather than later.
To that end send a complete list of contents and ask them to get their client to mark what he wishes to have.
If you have not already done so then start the divorce proceedings
Clare
Customer: replied 2 years ago.

Thank you

Customer: replied 2 years ago.

By saying the above will it have any financial implications on the final divorce settlement apart from the fact that the goods are already sorted out

Angela

Expert:  Clare replied 2 years ago.
Hi
No not at all
Clare

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