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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is making me live in a hotel, I am disabled and I can't

Resolved Question:

My wife is making me live in a hotel, I am disabled and I can't do this any more, what are my rights
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.
When did you move out?
How long have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.
Moved out a month ago, had been living in garage for 3 months. We have 2 children, we have lived together 11 years
Expert:  Clare replied 2 years ago.
Hi
How old are the children, how much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
9 and 13, house is worth 450k with 135k outstanding on mortgage. I have my own construction company with an income of 40k, Jane works for me with an income of 40k
Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper three bedroomed property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
250-300k
Expert:  Clare replied 2 years ago.
Hi
May I ask why you are still paying the bills when you do not live there and your wife has a good income?
Clare
Customer: replied 2 years ago.
She has 2 horses and a V8 porsche, she does pay some of the household bills as well
Expert:  Clare replied 2 years ago.
Hi
May I ask what you wish to achieve?
Clare
Customer: replied 2 years ago.
I want to move back into my home, what are my rights?
Expert:  Clare replied 2 years ago.
Hi
Clearly the relationship between you is over.
You cannot be prevented from returning home unless or until ther eis a Court order excluding you
However your ex appears to be the main carer of the children and it is the housing needs of the children which will be the priority of the Courts - so in the long term it is unlikely that you will in fact remain in the matrimonial home - and you will not be able to force a sale until the youngest child is 18 or your ex cohabits.
In those circumstances it would seem more realistic for you to look at finding alternative accommodation rather than returning to your previous home.
If you are not living at the property there is no requirement to continue to pay all the bills - just child maintenance at 16% of your gross income
I hope that this is of assistance - please ask if you need further details
Clare
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