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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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 and I are having problems. She recently asked me to

Customer Question

My wife and I are having problems. She recently asked me to leave the house. She also threatened to put all my belongings in the bin. She also plans to change the locks on the house. My name is ***** ***** the tenancy agreement. I asked for sometime so I can find someplace else to live. When I returned to house all my belongings were gone.
What legal rights do I have to live in the house. And what can I legally do if she threw out my belongings? What should I do. Currently crashing on friends sofa...
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 long have you lived together and are there any children involved?
When did she throw you out?
Clare
Customer: replied 1 year ago.

Hi sorry delay.. We have two children together, both under 5 years old. We have lived on and off together for the past two years. Recently moving back together 3 months ago.

She asked me to leave last week.

Thx

Expert:  Clare replied 1 year ago.
Hi
Has she changed the locks?
Clare
Customer: replied 1 year ago.

She says she has... I have not checked... If she has?

Expert:  Clare replied 1 year ago.
Hi
Just to check - when you said your belongings had gone - do you mean you could not get in - or that you were in the house and your clothes etc had been removed?
Clare
Customer: replied 1 year ago.

Everything I personally owned owned had been removed. Clothes, documents jewelry, etc..

Expert:  Clare replied 1 year ago.
Hi
Have you any idea where she is likely to have taken them?
Clare
Customer: replied 1 year ago.

Either to a large bin, or locked up in storage someplace. At the end of the day, I do not have access...

Expert:  Clare replied 1 year ago.
Hi
In fact you have Matrimonial Home Rights and the right to live in the property unless and until there is a Court Order excluding you.
The landlord has to respect those rights and provide you will a key to re-enter the property IF your ex has changed the locks.
You shoudl inform your ex that unless she returns your belongings immediately you will make an urgent applictaion to the court for an Occupation Order
You can read more here
http://www.bevirs.co.uk/family/occupation.htm
I hope that this is of assistance - please ask if you need further details
Clare

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