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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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I've been married to my wife for 5 years and we live in a

Resolved Question:

Hello,
I've been married to my wife for 5 years and we live in a council apartment that's got her name only on the tenancy. She wants to file for separation and is telling me I have to move out. She also says she has spoken to the council and that if asked I'd have to go since I have no legal rights to live there.
Is this true or do I have any say in the matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are you both and are there any children involved?

Customer: replied 1 year ago.
I'm 39 and she is 38 this month... we have 1 child who is 1 year old and she has 2 others from previous relationships a 12 year old girl and 20 year old son
Expert:  Clare replied 1 year ago.

Who has the day to day care of the children?

Customer: replied 1 year ago.
I work 5 days a week and she volunteers 1-2 days as well as some weekends... so mainly she does but when I'm at home my son is with me as well
Expert:  Clare replied 1 year ago.

In the long term what do you think will happen - where will you each live?

Customer: replied 1 year ago.
I'm not going to fight for our home... in the long term I would expect to move out... what I want to know is would be afforded the time to sort something appropriate for myself or am I going to be resigned to being chucked out at a moment's notice
Expert:  Clare replied 1 year ago.

You have Matrimonial Home Rights in the property and that means you can remain there so long as you are married or there is a Court Order excluding

you as a result of violence

Provided you can ensure that she does not provoke you to violence then you can remain in the home whilst you find yourself alternate accommodation

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Claire. You have been very helpful
Expert:  Clare replied 1 year ago.

You are most welcome