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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife is accusing me on cheating on her yet this is not true

Customer Question

My wife is accusing me on cheating on her yet this is not true
She is spreading this lie to all around our families and friends
Also she keep threatening me with police and that I will be thrown from our house as she keep saying she is afraid of me which is not true
We have been married for 15 years and have two children and we are in the middle of selling our house as we have make decision to move out of London yet she has put stop to all of this as well
how can I stop her from spreading false allegation and also is she allowed to stop the process of selling our house ?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Welcome to Just AnswerI am a Family Solicitor and will try and assist you.Please may I ask:- is the house in both your names?- is divorce contemplated?Kind RegardsCaroline
Customer: replied 10 months ago.
Yes house is in both names
I don't want to divorce but her 4 month campaign of constant accusation is taking a toll on me
she keeps saying she wants to divorce but I don't think she really mean it although I m not too sure
Customer: replied 10 months ago.
Also is she allowed to threaten me with police as if I try to get into reasonable conversation and when she is feeling she is loosing an argument - she is saying that she is afraid of me and is going to call 911 for police
Expert:  ukfamilysolicitor replied 10 months ago.
Hello I am sorry to hear this. If your wife wanted to stop the sale of the house - then she could if she wanted too. If either your wife or yourself did decide to make an application to court for divorce - then either of you could also make a claim in respect of the matrimonial finances. If your wife was going to take this action - she might choose not to agree to a sale until the issue of the matrimonial finances have been resolved or she could agree the sale but not agree the release of the proceeds until division is resolved in the matrimonial finances.Your wife could also choose to argue that the house should be retained to meet the childrens housing needs. Each case is decided on its fact and the assets available to meet needs - if your wife was to take this action.
Expert:  ukfamilysolicitor replied 10 months ago.
You need to be careful ...
Expert:  ukfamilysolicitor replied 10 months ago.
.... as its sounds to me that your wife is trying to exclude your right to reside in the property.You have a right to reside in the property as you are a joint owner.This can only be limited in certain ways: .....
Customer: replied 10 months ago.
Is there any way I can protect my self against this type of unreasoenable behavior and not end up in police over night just because my wife can be a good actor
Customer: replied 10 months ago.
do I need to ring you or can we carry on writing ?
Expert:  ukfamilysolicitor replied 10 months ago.
... If your wife did call the police and even if no offence has been committed .. but the police considered a breach of the peace had occurred - they could ask to leave for a short period, say a few hours or overnight If they charge you - they could put bail conditions in place - which prevent you return whilst matters are investigated, say a few months Your wife could also apply to the family courts for an occupation order, to stop you exercising your right to reside, for say 6 months. Whilst domestic violence is not only the reason used why someones rights shoould eb so severely restricted it is only the reason that is argued .....
Expert:  ukfamilysolicitor replied 10 months ago.
happy to carry on typing if thats ok for you?
Expert:  ukfamilysolicitor replied 10 months ago.
My advice is that you find out what your wifes intentions are. Is she divorce? seeking to remain in the house. You should also give consideration to mediation and also counselling. Please do not hesitate to ask if I can clarify anything for you. Kind regards ***** ***** kindly remember to rate positively so that we receive credit helping you today
Customer: replied 10 months ago.
So lastly how can I resolve this situation peacefully or if that's not possible what would you recommend to move forward
is divorce the only solution
Customer: replied 10 months ago.
Thank you for your help Caroline
Expert:  ukfamilysolicitor replied 10 months ago.
Hello You really need to find out her intentions - as this is going to help you know which way thins are heading.If your wife is really seeking to have you removed or arrested - then the easiest thing to do is to remove your self from the situation. Whilst I appreciate that this is more easier said then done as the finances will need to be available to live elsewhere. If you did remove yourself from the situation you wouldnt be giving up any rights to the property so you can still make a financial claim but you have to be aware that your wife is likely to argue that your housing needs are being met and therefore she should receive a larger share of the matrimonial assets ....
Expert:  ukfamilysolicitor replied 10 months ago.
....... If its not possible to move out and/or divorce isnt really contemplated - then counselling could help to relaxt the situation. Let me know if I can assist you further. Kind Regards Caroline Positive feedback is gratefully received

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