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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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 friend is trying to escape a violent and controlling

Customer Question

My friend is trying to escape a violent and controlling relationship with her husband. She's moved to a temporary rented accommodation. But is still trying to retrieve her belongings from her marital home. Her husband has today changed the locks and because he's been controlling he's had all the mortgage, bills etc in his name and saying all the marital home etc is his and she's entitled to nothing. She's devastated that she has been with him 17 years, of which married 8 years. She did work and contribute to the house but gave up work 6 years ago to look after their son. She is worried that he's saying everything is his and he's entitled to change the locks and essentially forcing her out of the marital home. Where does she stand legally?
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

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

Where is the child at the moment?

How much is the house worth and how much is outstanding on the mortgage?

What other assets are there and what income do they each have?

Customer: replied 1 month ago.
The child is with his Mum in the rented property,The marital home is worth £320k and there is approximately £70k outstanding on mortgage (estimate)There are 3 cars, no major savings or other assets.She believes his income £50-£60k, she's had to go on job seekers allowance and have her rent paid by the council as out of work currently
Customer: replied 1 month ago.
Can you give me an idea how soon I can expect to receive a response?
Expert:  Clare replied 1 month ago.

How much will a two bedroom property in the same school area cost to buy?

Customer: replied 1 month ago.
A two bedroom property in same area would be around £160k
Expert:  Clare replied 1 month ago.

Your friend has an absolute right to return to the Matrimonial home whenever she wishes - and if her ex refuses then she can apply to the court for an Occupation Order forcing him to leave and allowing her to return.

In the longer term she also has a financial claim on the property - and will receive at least 50% of the equity - plus one of the cars and spouse and child maintenance

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

Customer: replied 1 month ago.
Hi Clare
Thank you for your helpful response. It has reassured my friend. I'm guessing he shouldn't be changing the locks then?
Expert:  Clare replied 1 month ago.

No he should not have done that

Customer: replied 1 month ago.
Thank you.
Expert:  Clare replied 1 month ago.

You are welcome - I hope all goes as well as it can

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