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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have vacated my home last 2 months as my daughter

Customer Question

I have vacated my home for the last 2 months as my daughter assaulted me on boxing day. I dropped the charges. My daughter stayed in the home with my wife as she had nowhere else to stay but has now left. I have been staying with my son and daughter -in-law. My wife has changed the locks so that I can't get home. I have made no attempt to enter my home until my daughter left - because I wanted to avoid any difficulties.
Now that she has gone what rights do I have to go home and regain access to my house? We have been married for 33 years and have lived together in this house for 25 years
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.
How much is the house worth and how much is outstanding on the mortgage?
It a divorce being discussed?
Clare
Customer: replied 2 years ago.

Hi Clare- Apologies for a late reply - I have been away from my PC this afternoon. The house is on the market for £635,000 at the moment - we owe £360,000 on the mortgage. Yes tentatively a divorce is her proposed solution( I am not keen - I want a reconciliation - she has done this many.many times before over 33years of marriage) . My wife and I are fearful of the financial consequences and legal costs of this - so at the moment we are talking about a temporary separation ( for me) - permanent separation (for her).

I am most anxious to know about my rights to access to my home where I have lived with my wife for 25 years. I am the sole breadwinner and always have been - she has a small psychotherapy practice which earns very little ( less than 5K per annum)

Hope that helps. Happy to add more info if you need it

Trevor

Customer: replied 2 years ago.

Hi Clare

Can you give me an idea about when I will get an answer to my question? Sorry to chase! I am very aware that I delayed my response to you yesterday afternoon! Just anxious to know what to do ( or what I can't do) next.

Kind Regards

Trevor XXXXX

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - I have been off line
As a joint owner of the property you are entitled to return there whenever you wish unless or until there is an Order excluding you (usually as a result of Domestic Violence)
You can in fact break in if you need to do so.
Obviously you need to take care to ensure that you are physically safe - and to be careful that your wife does not manufacture a situation where she can accuse YOU of violence
In the long term if you do separate then the starting point for the division of the equity is 50/50
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare - that is exactly what I needed to know - you have been very helpful

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare