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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been accused of something, had an initial police interview

Customer Question

I have been accused of something, had an initial police interview in March and await a second in ten days.
I voluntarily moved out of the house to give each other some space but now my wife has changed the locks, email address, phone and is trying to run down our joint account and divert her salary elsewhere, amongst other things...what are my rights here?
I am on bail with NO conditions
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Does the accusation relate to an assault on your ex and are there any children involved?
Clare
Customer: replied 1 year ago.

Hello.

I have been accused of abusing a related children (2 girls), after a long standing argument within the family... The accusations were made three days after another huge row between my wife and her sister about another family matter...plus an extreme history of in-fighting, dysfunctional relationships and all.So far I have been interviewed once on March 23rd.Then bailed with NO conditions and the 2nd interview date has been postponed twice - now May 14th, again no bail conditions applied when dates changed.I have a solicitor handling this matter on the criminal defence side as I seem unable to contest this alone.To the points made, my wife of 18 years initially was in disbelief and we had been working together to try and demonstrate how this could not be, however, she was given clearance by police to contact her sister (mother of 'victim') and several conversations have taken place within her family...she now feels she does not know who/what to believe.

My wife was told by a friend (also a solicitor) that it would be better if I temporarily moved out of the family home as it would protect our two sons from exposure to police and social services attention...they have interviewed them anyway (Ok with me apart from the impact on them - nothing to hide).From the first interview March 23 to the evening of April 14 I had been at home and trying to carry on as normal, but agreed reluctantly to stay elsewhere for a while.The moment I left, my wife called the solicitor/friend back, then called the police - to apparently 'keep me right' regarding my whereabouts (but I had no bail conditions) and within 24 hours had changed the locks.I and MY family have been prevented or 'banned' from contacting our sons and myh wife has been changing access and passwords to the childrens' school info platforms, email addresses including hers, opening my post which was arriving at home (given her current 'stance' I am not comfortable with this) and preparing to divert her salary out of our joint account into a new account...our 'deal' was she earns in the short term...9-5 job / good salary paid monthly, while I was more long term, running our jointly owned property company, where we have property assets and I only really 'earn' when we sell a property.

So there will be no monthly income stream for me after the end of this month from our joint account.We also co-own a property (£600,000 value / £320,000 joint mortgage) but the conversations about everything financial has now been reduced to text only - including potentially winding up the business.

She claims all of this is to protect her and our sons form potential harm, should this matter go any further (given it is essentially my word against these two girls, even though I can clearly explain where I was when the events 'took place' it seems it might).

However, while I have been keeping my end of the original 'deal' made as I 'left' the family home..that was to stay nearby in case needed and to bring the business into full order (admin / outstanding jobs) in case things went wrong for me.Meanwhile, I feel I have been put into total isolation and being systematically detached from the family unit, including financially.

I could offer more detail if required

Expert:  Clare replied 1 year ago.
Hi
How old are the children and how much is the Property Company worth?
How much does a cheaper three bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.
If you mean MY children then 13 and 7
The business will yield about £250-300,000 profit less capital gains and costs. The 'home' is worth £600,000 with a £320000 mortgage.
A similar property in the general area is about £250000.
Expert:  Clare replied 1 year ago.
Hi
My apologies - I did indeed mean your children.
There is some sense in what your wife is saying - but only some
Social Services will make their own enquiries whatever the outcome of the Police investigations and it is true to say that the fact that you are not currently in the property does mean that other than the interviews no further action will be taken until the Police investigations are over.
However this does not explain changing the locks. Indeed given the fact that you are a joint owner and there is no Court Order excluding you then you are fully entitled to new key.
Equally you are still entitled to contact with the children - albeit not unless there is another adult present (sorry) but there is certainly no reason why your parents should suffer in this way.
You remain fully entitled to details regarding your children and she should give you the necessary passwords.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Thanks.However, I will not get a key..she has now contacted the police, after I asked her face to face...(I saw her near her workplace, but spoke to her away from it, in a main high street / calm / polite,etc) about this and they called me offering 'friendly' advice that my wife is worried I may get aggressive and I should continue to avoid her, the house and my kids, in order to maintain a well conducted process,

You asked about values/equity/the business - where do I stand here?

See the comments about joint account / salary diversion / house equity,etc

Thanks

Expert:  Clare replied 1 year ago.
Hi
If your wife is taking this approach then you may well wish to take a more formal approach on the issue of contact with your children.
There is no reason why some form of contact shoudl not take place - albeit sadly it will not be on your own in the circumstances.
If you wish to take that forward you will need to first make an appointment with a Family mediator
www.famiymedicationhelpline.co.uk
Please be realistic about what you ask for - whilst supervision by your parents would on the face of it be a perfectly reasonable request asking for contact at a contact centre might be more realistic
Looking at finances in the event of a separation
the starting point for division is 50/50 and since a sale of the matrimonial home would release you from the mortgage and still give your ex enough to rehouse the children then the court is likely to order a sale, and you are likely to receive the business.
I am afraid she is entitled to move her income to her own account.
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks so far for advice - taken on board. This matter is on-going so am I able to keep this dialogue open to discuss further?
My second interview with the police is on Thursday and the criminal defence lawyer attending will apparently want to take up certain elements of the 'domestic situation' with the officer in charge, as he feels they have potentially influenced my wife's attitude....she has certainly been in regular contact with them, despite me having no bails conditions and still no official notice, contact or anything else from either social services or the police about access to house / conduct while investigation continues, etc. Anyway, not to go through all that again. hopefully the channel can remain open.
Expert:  Clare replied 1 year ago.
Hi
Yes you can add a follow up later if need be - or open a new thread and ask for me!
Clare

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