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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband has gone to jail for harassment can I take back

Resolved Question:

My husband has gone to jail for harassment. Can I take back our marital home as I am on the mortgage. I however do not have a key as he changed the locks, can I get a locksmith in to change them?
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 happened with the matrimonial home so far?
Clare
Customer: replied 2 years ago.
he insisted on staying at the home so I moved to my mothers. We have had many talks about him staying or me moving back with the children. I am on the mortgage and have been for 10 years no formal decision had been reached with regards ***** ***** property. I spoke with the police today and they said that I was well within my rights to go back into the property as my name was on the mortgage and nobody else had a key.
Expert:  Clare replied 2 years ago.
Hi
Yes you are indeed entitled to return there with the children - and to get a locksmith to change the locks
I suggest that you also get an order that excludes him from the property so that he does not try and return there when he is released
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you very much. There are some of his belonging inside what shall I do with them. Shall I box them up and send them to his parents.
Expert:  Clare replied 2 years ago.
Hi
He is entitled to have his belongings there as well so simply box them up for now.
If you have not done so already you should start divorce proceedings so that you can seek an Order that you can live in the property until the youngest is 18
Clare
Customer: replied 2 years ago.
Thank you very much.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare
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