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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi I am married ANC without accrual, my wife purchased our

Resolved Question:

Hi I am married ANC without accrual, my wife purchased our London home in her name a few weeks prior to our marriage and is claiming that I may not access the property without her explicit consent as it is owned by her what rights as her husband do I have ?

I am not sure if it makes any difference but although residing in the UK we were Married in South Africa under South African Law.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
It doesn’t matter where you are married. You are married.
Is this the marital home? How long have you been married? How long were you together before you were married? Do you have any dependent children? In the UK?
Why is she not allowing you access? Can we have the full background please?
Customer: replied 3 years ago.

Thank you for your prompt reply. We lived in UK for a year before we were married and have now been married 4 years. It was the marital home however with the economic downturn we took contract jobs abroad and rented out the property to maximise income. Due to working apart we are considering a separation and I wish to move back to the UK and obviously back into our marital house. However my wife has instructed the letting agent not to take any instructions from me regarding rental or allow me access to this property to collect my belongings as if i am unable to move back into our house I will need to rent a property and furnish it. She has also indicated an intention to sell the house another reason why I would want to retrieve my belongings as I feel I have no say over these matters and would now like to know my rights? Thank you.

Expert:  Stuart J replied 3 years ago.
Just let me summarise for clarity. This is the marital home and she is refusing to allow you back into it?
Where is she living?where are you now living?
Have you seen a solicitor with a view to registering a matrimonial home right on the property?
Customer: replied 3 years ago.

Yes it was the marital home.


She is living in South Africa where she has obtained employment.


I am living in DRC where I had a contract for the last 2 years.


No I have not seen a solicitor regarding this, as I was not aware of that option and also did not have the funds to employ the services of one.


Expert:  Stuart J replied 3 years ago.
I am assuming that this is the one and only marital home. In which case, you are free to come and go in the marital home as you wish.
You can prevent her selling it without paying you whatever you are entitled to by getting a solicitor to register a matrimonial home right on the property which warms any potential buyer but there is a husband around who as a financial interest in the property.
although legally you are entitled to break into the marital home, it is not something that I would suggest as she is likely to allege criminal damage. My suggestion therefore in this case would be to apply to court to get a court order to compel her to let you move back into the property.
if you are tempted to break-in or use a locksmith, then I suggest that you involve the police so that she cannot allege criminal damage or violence.
I would really go the court order route myself.
this is not really a do-it-yourself job and you would be well advised tDoes that answer the question? Can I help further? Can I answer any specific points?
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o see a solicitor.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and 4 other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
Just to mention -
Your freedom to come and go is of course limited by the Tenancy agreement - and the eventual outcome of any application for you to be allowed to return may well be effected by the fact that you are ANC without accrual
Customer: replied 3 years ago.

Understanding I must respect the tenancy agreement can I instruct the letting agency to terminate the agreement under terms thereof ?

And in what sense does "ANC without accrual" effect processes ?

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