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Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi,can you please advise me on a family law issue regarding

Customer Question

Hi, can you please advise me on a family law issue regarding separation and divorce ?


Basically, my wife has walked out of the house with children who are 18 and 20. She has been coming into the house intermittently to collect her belongings when im not there. 3 weeks later she came in with her brother, who eventually caused arguments and assaulted me in front of my son, ordered me to leave the house.


The property is in joint names and I am concerned that they may change the locks to the doors as my wife has access to the house. And I may not be able to get in.


She is now willing to commence divorce proceedings.


I did report the incident with re her brother to the police and have a crime reference number.


What is my legal position and my rights please.?

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question
I shall do my best to help you but I need some further information first.
How long have you lived together?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.



We have been married for 24 years. The house is worth about £650,000. There is £250k of mortgage. We also have a holiday home in Cyprus which is in negative equity. My income is about £50k and hers is £20k

we have 2 grown up children .We have about £7k in credit card debt. We have no other assets apart from our own cars which are not worth much.


Expert:  Clare replied 3 years ago.
Have you discussed the sale of the house at all?
Customer: replied 3 years ago.

No. But this is implied when the legal process starts.

Expert:  Clare replied 3 years ago.
Unless you are violent your wife cannot exclude you from the property - any more than you can exclude her.
If she does change the locks then you are entitled to break in if necessary.
The starting point for division of the matrimonial assets is 50/50 - but if you wish to avoid ongoing spouse maintenance then you will need to offer her an enhanced share of the capital - say a 60/40 split so that there is a clean break - unless she already has a new partner that she is living with.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you.


My children are 19 and 21 and she is refusing them to talk to me or have any contact with me. Can she do this and do I have any recourse?


Secondly, my wife is heavily influenced by her brother in making decisions for her regarding our marriage. I have reported him to the police for causing friction and aggravation. Can I prevent him from entering my property?



Expert:  Clare replied 3 years ago.
Your children are adults and it is up to them whether they wish to speak to you or not - there is no action you can take to force them to do so.
If your wife is at the property then she can invite her brother in.
When she is not there you can tell him to leave and he will have to do so

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