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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 my wife has been trying to get out of our marriage. By

Customer Question

Hi my wife has been trying to get out of our marriage. By lying to police that I assaulted her the charge of common assault is going to be dropped due to me supplying proof I was not at home. She now has obtained a court order banning me from contacting her a non molestation order. She is currently living in my rented appartment. I've had to move out and stay with a friend. But on the 5 January when I return to answer bail.and the charge is dropped. If the court bailiff.serves me papers.can I wait till she goes shopping or leaves the flat then take possession of my flat rented in my name change the locks.and refuse to leave.I've been told I can as the property is in my name with the tenancy in my name not hers she has only lived with me for 1 year she is a Gambian national with no recourse to public funds.
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
Do NOT do this.
It will immediately entitle your wife to apply for an occupation order excluding you from the property which WILL be granted - and it is very likely that you would be ordered to pay costs
Your wife is entitled to live in the Matrimonial Home so long as you are still married unless you obtain a Court Order excluding her.
Depending on the terms of the non Molestation Order you may be able to return to the property - but you cannot exclude her
Please ask if you need further details
Clare