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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 hopefully to be my ex wife has disappeared from the

Customer Question

my wife hopefully to be my ex wife has disappeared from the family home for close to 6 or 7 months now she has sent message saying ive got to vacate the home so she can move back in .. problem is I need a home or address that ive lived at for 6 months or more because im setting up on my own in business
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.
Are there any children involved - if so how old are they?
How long have you lived together?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

hi Clare thankfully there are no children, but my 22 year old son is being involved by his mother, weve got about 8 0r 10 years left on mortgage and the house is worth about 180 grand or 200 grand depending on the local agent I think we got about , and im not totally sure about 15 grand or abouts..

I and others believe that my wife has been affected by the menopause and serious depression, shes tried to harm her self at least 4 times , the last time I saw her she got her self upset about mutal friends non existent affair , which she blamed me for causing,as she got more up set she slipped an fell hurting her back ,claiming that I had head butted her so I was to blame, all 16 stone plus of me leaping high enough to head butt her when she was at least 3 steps up from the bottom of the stairs, as a result I was detained by the police, who having seen her record and the doctors inital report released me with no charge . shes blamed me for putting comet the retailer in to liquidation , my last employer, shes smashed the house up , shes told friends she intends to make me suffer because people laugh at her because she has no money .... there fore I want her no where near me

Expert:  Clare replied 2 years ago.
Hi
Are you willing to place the house on the market immediately?
Clare
Customer: replied 2 years ago.

no I need a place that ive lived at for 6 or more months because the people I work for require it .. Its been a long term plan to move my mom in with me as shes slowly going blind and Worcester has a good eye hospital set up

Expert:  Clare replied 2 years ago.
Hi
How soon can you move?
Clare
Customer: replied 2 years ago.

I don't want to move .. please read previous not I need an address at which ive lived at for more than 6 months if I move id lose my job ...

Customer: replied 2 years ago.

I

Expert:  Clare replied 2 years ago.
Hi
OK- can you raise sufficient funds to buy your ex out of her half share of the equity?
Clare
Customer: replied 2 years ago.

I see where u are going, but how can I stop her in short term coming back and creating turmoil, shes gunna every thing possible to get me arrested , destroy the house and be as stupid as possible

Expert:  Clare replied 2 years ago.
Hi
What did she actually do to the house last time - specifically not generally
Clare
Customer: replied 2 years ago.
Smashed a tv .smashed up the bedside tables .and the bedroom cupboards smashed a load of glasses and throw clothes around ..she also smashed up.photographs.
Customer: replied 2 years ago.
She also carved words like twat and bastard into the wardrobe doors with the broken glass and tried to pull a door off its hinges ....she later claimed the police officers did it !!!
Expert:  Clare replied 2 years ago.
Hi
That could be enough to get you an Occupation Order if she does actually try and move back in.
I say could because it is never possible to be certain in the absence of direct personal violence
You can read more here
http://www.marilynstowe.co.uk/2012/06/01/domestic-violence-how-to-apply-for-an-occupation-order-by-nastassia-burton/
More realistically you need to start negotiations with respect to the financial arrangements within any possible divorceproceedings using Family mediation
www.familymediationhelpline.co.uk
Unless you can obtain your ex's release from the mortgage and buy out her half share of the equity then the house will have to be sold.
Your argument about your employment will not sound convincing as whilst it would be understood that they would wish to have been in your address for at least six months at the beginning of the process it cannot mean that you can never move.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

im now being barraged with telephone calls ie 20/2/2015 at 22.50

21/2/2015 at o1.07 from the phone number she is using is *********** ...

Customer: replied 2 years ago.

I'm now being ''barraged'' with telephone calls i.e.

14/2/2015 at 20.09

14/2/2015 at 20.11

14/2/2015 at 20.15

14/2/2015 at 20.34

20/2/2015 at 22.50.

21/2/2015 at 01.07.

21/2/2015 at 01.23.

21/2/2015 at 01.25.

from the phone number she is now using is *********** I've recorded her messages, that's she's left but I've not replied in any way ... so how do I get this occupational order ?

Expert:  Clare replied 2 years ago.
Hi
Have you reported this to the Police - that is the first step
Clare