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Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-Do you have any children together, if so their ages and proposed arrangements?-What is the value of the property, and what is the outstanding mortgage?-Who is now living in the property?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Thanks for confirming. If the property is in your sole name she will have matrimonial home rights which entitle her to occupy the property until at least divorce and she can seek for the tenancy to transfer to her through the courts. If it is in joint names you will both have a legal interest in the property. Either way you will continue to have a legal interest in the property and can only be excluded if there is a court order in place.
If you move out this will not impact your legal interest in the property but practically it may be difficult to return.
Moving out will also not impact your rights regarding the children. As you are married you have parental responsibility which entitle you to be consulted regarding major decisions in their upbringing and the children have a right to a continued relationship with them which should include regular arrangements to see them or for them to live with you.
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