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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My new partners wife left m, and their 3 children, man last

Resolved Question:

My new partners wife left him, and their 3 children, for another man last year. However, that relationship has now broken down and she is insisting on moving back into the marital home. Her reasoning is that she can not afford the rent, and would have to live somewhere less desirable, and that she is within her rights to live in that home until divorce proceedings can be sorted and she is paid out. Can she be legally contested?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Whose name is ***** ***** in?

Customer: replied 1 year ago.
The property is in joint names, ie my partner and his estranged wife.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly as it is the matrimonial home she is entitled to return to occupy it until divorce, secondly as it is in joint names between them she has a legal interest in the property and she can return there unless there is a court order in place excluding her from the property - such as an occupation order. Such an order is usually used if there is a risk of harm from the occupying party if the other were to return - this can be applied for under form FL401 to his local family court.

Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly as it is the matrimonial home she is entitled to return to occupy it until divorce, secondly as it is in joint names between them she has a legal interest in the property and she can return there unless there is a court order in place excluding her from the property - such as an occupation order. Such an order is usually used if there is a risk of harm from the occupying party if the other were to return - this can be applied for under form FL401 to his local family court.

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