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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I got home on Friday to find that my father-in-law had changed

Customer Question

I got home on Friday to find that my father-in-law had changed the locks to our matrimonial home. My wife told me she wanted to separate, and had packed my belongings.

We both owned a house before we married, and retained both houses. I moved into her house when we married. I have now moved back into my original house.

I am reasonably sure that preventing me access in the matter is illegal until we are divorced, but I don't want to rock the boat - what recourse is there?

Further, can I still claim matrimonial rights to the house, even though my wife owned it before we met?

Many thanks.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question. I shall do my best to assist you.
You are correct - you have the right to remain in the Matrimonial Home so long as you are married as well as having a financial claim on it.
Since you are not an owner of the property you cannot break in - but you can apply to the Court for an Occupation Order allowing you to return to the property - although the fact that you have your own home to live in makes it unlikely that this would be granted.
I hope that this is of assistance to you
Claire