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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a joint tenancy with my wife and two children until

Customer Question

I have a joint tenancy with my wife and two children until feb 16 but have requested a separation on grounds of my adultery. The rented house is critical to my job but we have a mortgaged house in my name for her and children to return to. She refuses to leave and has threatened to change the locks to prevent me entering the rented property and outbuildings in the day which jeopardises my job. Due to hostilities I work from the house in the day but leave at night and intended to do so while we make plans for her to move back to our old house. Can she do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the difficulties that you are experiencing with you wife.

In relation to the Matrimonial Home - you are entitled to legally live at that property by virtue of being a joint tenant and also because it is the matrimonial home.

If your wife did change the locks - then your would be able to obtain new locks to gain entry - you would also have to give your wife a key.

There are a few ways of excluding people from a property where they are legally entitled to reside.

The police could be called if there was an incident. The police can ask someone to leave on a temporary basis usually overnight to prevent a breach of peace. If the police make a charge - then they can put bail conditions in place preventing someone from going to the property for a period of time.

Please note that your wife could also seek to obtain an occupation order - these orders usually restrict someone from returning for say 6 months. Judges are often reluctant to make such orders unless absolutely required as they do not like making people homeless.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Can you please explain more about this order? Would adultery be a reason to obtain one? There is an alternative residence for her and the boys..our mortgaged home. Her staying at the rental property linked to my job is being done out of spite for my actions. As I leave the rental property at night to avoid confrontation she is threatening to put such an order in place if I continue to stay elsewhere at night. She has the notion this will be at my cost as it is myself who has committed adultery.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Who is living in the mortgaged home?
When did your wife move in your rented home?
How are old are your children?
Distance between two homes?
Distance between homes and children's schools?
A few incidents of your wife's behaviour?
Kind Regards
Caroline
Customer: replied 1 year ago.
The mortgaged home is rented but I have proposed giving the tenant notice. She refuses to accept this. The mortgage there is cheaper than rent for an equivalent property. It is closer to school and grandparents than the rented home and the boys who are 6 are familiar with it as home, they lived there from birth until this February gone. It is approx 6 miles from the rented home which we have only been at for 6 months and is rural. Our marriage has been in decline for some time. On admitting my adultery and desire to separate she had been in denial , refusing to leave and now is angry..using the children and emotional blackmail, threatening to do something silly if I don't return to the rented house at night. I am joint tenant and work from there in the day only leaving at night when the boys are in bed. She is threatening an order if I keep leaving St night which will prevent me entering the property at all and also stopping access to dog kennels and tools which I require to work. So she refuses to leave despite having somewhere to go by way of the mortgaged home..yet if I dont stay she intends to get an order to jeopardise my job. I could return to the mortgaged home but that would leave her and the boys further from school and family and in a more expensive home! It would also leave me without an income!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Although you could technically apply for an occupation order - they are not guaranteed and they are only temporary orders. You need to prove to the court that there is means to go elsewhere and the court will of course consider the interests of your children. You apply on Form FL401. Send to your local county court - there is no court fee.
You should also start to consider dealing with the financial matters on a long term basis.
You can't petition for divorce on the basis of your adultery - but you could petition on the grounds if your wife's unreasonable behaviour.
There is a set process for dealing with matrimonial finances in the long term following the breakdown of a marriage and the issue of divorce proceedings.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc
Your adultery will not affect the division of the matrimonial assets.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future - this should only cost circa £300 - £400.
Kind Regards
Caroline
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