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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 coming to the end of a divorce after a two year separation,

Resolved Question:

I am coming to the end of a divorce after a two year separation, we have been apart for two and a half years, I got a text message yesterday stating that she was going to be evicted from her current location and was coming to my house, there has been no contribution to the house for 2.5 years and I am the sole name on the mortgage I have looked after our only dependent child over that period, can I refuse her entry
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.
When will the Decree Absolute be granted, and have the financial issues been resolved yet?
How old is the child
Clare
Customer: replied 2 years ago.
Decree nissi was 03rd November so six weeks from then , financially the house as been on the market since we separated to share out any profit as of yet it hasn't sold , my ex moved into rented accommodation as our son who is now sixteen wanted to stay with me , my ex has got herself into quite some debt there was an offer on the house which was accepted and at the very last minute the buyer backed out , the ex wants 5k before the end of the week or she said she would move back in . The two and half years I had our son I would travel home from work daily and make sure he was at school as this was a major issue
Expert:  Clare replied 2 years ago.
Hi
Was she ever violent towards you?
Clare
Customer: replied 2 years ago.
No , no violence
Expert:  Clare replied 2 years ago.
Hi
I am afraid that legally until the Decree Absolute is granted she does indeed have the right to return to the Matrimonial Home even though it is in your sole name
Since there is no threat of violence you cannot obtain an Order excluding her from the property - although that would change if she did make threats of violence on her return.
I am sorry I know that this is very unpalatable information - but sadly it is the legal position you are in and your best hope is that she realises the blackmail will not work and gives up
Please ask if you need further details
Clare
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