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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 have separated from my wife and she owns the family home,

Customer Question

I have separated from my wife and she owns the family home, there are some of my things there that I need to access in order to move into a shared house (these are items she recognises are mine). She refuses to allow me access. I still have a key (which she is not aware of), would I be breaking the law if I went there uninvited and took what she has already agreed belongs to me?
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 but I need some further information first.
Are there any orders in place excluding you from the property?
Clare
Customer: replied 2 years ago.

Hi Clare

No, there are no orders excluding me from entering the property nor are there any restraining orders preventing me from going near my wife or children.

Yesterday, she allowed me to gather some of my larger items, but is contesting items we bought together, stating she has had legal advice that says as she is using them she has the right to keep them until a divorce is finalised.

Expert:  Clare replied 2 years ago.
Hi
How old are the children and what items do you want to take?
Clare
Customer: replied 2 years ago.

Hi Clare

The children are 3 on Jan 4th.

A set of pans, one of 3 TV's, A cupboard and bedside table some shelving (fixed).

Hope this helps

Tony

Expert:  Clare replied 2 years ago.
Hi
Unless there is a court order excluding you from the property you have the right to return to the Matrimonial Home whenever you wish.
Given that the list of what you want is very modest there is no real problem in what you wish to take - but clearing out half of the furniture or all of the white goods computers etc would not be wise as this could result in your being penalised when it comes to the final financial settlement
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare

Thank you for the advice.

It was pretty much what I thought it ought to be and of course I would not want to disadvantage my children in any way, so these are not things that would affect them in at all.

Regards

Tony

Expert:  Clare replied 2 years ago.
Hi
That is fine.
I hope all goes well
Clare

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