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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The police took my keys from me and gave to my wife without

Customer Question

The police took my keys from me and gave to my wife without proper authority and jurisdiction. What are my rights?
I am living in my marital home with my wife n 13 year old child and going through a divorce. I have registered my home rights on the land registered more than 2 years ago because my wife deceived me and bought the home in her own name. We both moved in with our son into this property over 10 years ago with the belief we both own the property.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What has actually happened and how were the police involved?
Clare
Customer: replied 2 years ago.
I broke 3 picture frames and she called police. The officer who arrested me stated I won't be coming back to this address. My keys were in the door at t the time I was arrested,
I admit to criminal damage and I got a simple caution.
My wife advice me the police told her I am not allowed back into the propert although the police told me they have adviced her that they can't stop me from coming back to the property
Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 2 years ago.
I have been given a copy of a petition she seems to have initiated. But I'm not entirely certain of the progress in that regards. The Courts have not yet written to me
Expert:  Clare replied 2 years ago.
Hi
When did you actually separate
Clare
Customer: replied 2 years ago.
We have been separated since June 2012. But I still live in the same property.
Expert:  Clare replied 2 years ago.
Hi
How did the picture frames come to be broken?
Clare
Customer: replied 2 years ago.
I smashed them in frustration
Expert:  Clare replied 2 years ago.
Hi
When was this?
Clare
Customer: replied 2 years ago.
Thursday night last in the house
Expert:  Clare replied 2 years ago.
Hi
Where are you staying at the moment?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there?
Clare
Customer: replied 2 years ago.
As at 05.03.14 the mortgage is £272,390.45
A valuation of a starting price of £400,000.00 was made on 25.03.14.
I'm not sure of other assets
Expert:  Clare replied 2 years ago.
Hi
Where are you currently staying?
Clare
Customer: replied 2 years ago.
I am still in the property but still my wife refuse to give me my keys. Yesterday I had to wait over an hour outside until she got home before I could get in. I have no friends nor family that I could stay.
Is this act on her part unreasonable enough to force her to sell the property so I can get my share to move on so I can start a normal life. My son is 13 years old.
Expert:  Clare replied 2 years ago.
Hi
So you are not actually excluded - why have you not arranged for a locksmith to create a new key?
How much income do you each have?
How much does a cheaper two bedroom property in the same general area cost to buy?
Who has the day to day care of the child
Clare
Customer: replied 2 years ago.
My wife earns about £10,000 per month. I earned under £25,000.00 per year.
Not sure about prices for properties as I haven't checked..
I would say we both ave joint care for the child but as her income is much better than mines she pays most if not all child care costs. I help with staying with my son when her job requires staying overnight or for 2 nights. I took him to football and so forth.
I was not aware I could get a lock smith to make me copies without actually having the keys to be duplicated.
I am partly excluded as I cannot freely leave and return home at anytime.
My main wish would be to receive a financial settlement before ASAP so I can move on.
I await your legal advice on this issue
Expert:  Clare replied 2 years ago.
Hi
Has Mediation been suggested?
Clare
Customer: replied 2 years ago.
We have already been. An agreement was drafted and she pulled out of it.
Expert:  Clare replied 2 years ago.
Hi
What agreement had you reached?
Clare
Customer: replied 2 years ago.
For her to pay a settlement so I can move out. £29,000.00. She has since stated I am not getting a penny.
Expert:  Clare replied 2 years ago.
Hi
What explanation did she give for the change of mind?
Clare
Customer: replied 2 years ago.
That I'm not getting a penny and I'm gonna die like a dog
Expert:  Clare replied 2 years ago.
Hi
What happened to make her go back on the agreement and say that
Clare
Customer: replied 2 years ago.
Nothing happened. She doesn't want to pay me up, she is using bullying tactics n delay tatics. Her intention ix to destroy me. As I speak I'm now going to court because she has applied for a home order for the courts to get me out citing that I'm very violent and aggressive and that she is afraid I will hurt her and my son.
This is her intention. That's what she is hoping to achieve. Being vindictive and I'm now stressed. Her statements are unfounded and I are very much untrue
Expert:  Clare replied 2 years ago.
Hi
I feared that that would be the next move - i am afraid that you played into her hands when you broke the photo frames.
Having said that there are some simple facts in respect of the property.
Whether or not the property is held in joint names or her sole name your claim on it remains the same.
Having said that the priority for the Family Court is the safe and secure housing of the child until the child is 18. This would usually mean you waiting for your share of the equity until the child is 18 or your ex cohabits but given your ex's substantial income there is no reason why she cannot raise the funds to pay you off immediately and I believe that that is what a Court would Order.
Given the differences in your income you also have a claim for Spouse maintenance - although this could be difficult to achieve since the child is living with her.
Accepting a 50/50 division of the equity may be a better move.
Since your ex will clearly not stand by agreements you need to move the divorce forward as soon as possible so that the financial application can be made.
With regard to the current application before the court you need to complete a chronology showing the mediation and agreement
You MUST apologise for breaking the frames but explain that you were frustrated because after all the effort of mediation she was reneging on the agreement; you should confirm that you will not further damage the house - and ask for a key!
I hope that this is of assistance - please ask if you need further details
Clare

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