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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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My wife left our marital home job in England. I

Resolved Question:

My wife left our marital home for another job in England. I lived in Scotalnd, in our mortgaged home with our two young daughters. Looking for work to move down, looking after our daughters and schooling, taking care of finance, home and Packing to move home and getting the admin done on renting out the property.
On the four week in her new kob, she anouced that she had befriended a male clooeague who sho liked alot, he has became my sould mate, 6 - 6 1/2 weeks in post she ask for a separation. My estranged wife began a few relationship with this colleague on the 9 and 10 week in post, stated by her.
The job was offered on a 6 months prebation, the job is not going well and she has agreed to come back to Scotland to be closer to her children.
She has asked to live back in our marital home, but I have refused due to her being in another relationship. Where do I stand on preventing her to saty in our joint own house?
Can you give some advise?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a lawyer in Scotland. Because the house is jointly owned you can't stop her coming back to stay there. Even if it was only in your name, she could still stay there as she has occupancy rights in the family home.
Only if she is behaving violently or in a way which would injure the physical or mental health of you or the children can you apply to the court for an exclusion order to prevent her entering the house.
Happy to discuss further.
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