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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner is still married to his wife , she walked out of

Customer Question

My partner is still married to his wife , she walked out of the jointly owned house to move in with some one else 1.5 years ago taking the children with her . The house was bought on a 100% morgage and is on interest only repayments . My partner and paid all biills, debts and morgage since she walked out . The children have said she has entered. The house when my partner is at work , she has iteams ir clothes still in the wardrobe that she won't collect and is saying my partner has no write to touch . I'm wanting to move into the house to be with my partner legally where do we stand could she stop me moving in? And we change the locks to stop her entering the house
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
His wife is a bully she has bullied him for the 9 years they where together . She's using the children's as ways to get her own way for example he had the children till 8pm tonight he then had to drop them off and she's going to drop them off in the morning at 6.30 as she needs him to take them to school . He is only allowed them over night if it suits her . She doesn't know about me yet as everyone is worried about how she will react . We are saving up to take the matter to court but legally where do we stand in the mean time
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
As the property is the family home and they are married she has a number of rights. The first is the right to occupy the property, therefore she is allowed to come and go as she wishes unless there is a court order in place. This also prevents him changing the locks.
As it is jointly owned she also has a financial interest in the property.
If there is harassment and intimidation from her towards him he could consider applying to court for an occupation order. This basically outlines that she cannot return to the property.
Also, as they have been separated for a while, if he has not done so already he should consider pursuing a divorce and to deal with the property and finances along with this.
Customer: replied 1 year ago.
You haven't answered all my question , can she stop me moving in with my partner? The house has no credit on it as its interest only morgage and morgage is in arrears , she doesn't pay anything towards the house
Expert:  Harris replied 1 year ago.
As she is no longer living there, and has not been for 1.5 years it will be difficult for her to stop you from moving in.
However, you should consider the practicalities of this given that she does not know about you. A sudden move into the family home may cause even more acrimony between them
Customer: replied 1 year ago.
Only reAson she doesn't know is my partners fear for my safety , she still had a key and had been entering the property without asking when he's out , she has some items sure as clothes hanging up and items in all the drawers ( nothing ) of value she's saying he had no right to touch or move anything for her but she won't take the items . It seems unfair she's allowed to enter a home she's not paying for and has no money In just to bully and threaten
Expert:  Harris replied 1 year ago.
In the circumstances I would suggest he considers obtaining an occupation order to prevent her returning to the home. He can apply to the local family court using form FL401
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for 30 years.There is little chance of an Occupation Order being granted since the children do not live in the house and his ex has not threatened violence - she has only exercised her legal right to go into the property.The way forward is for you partner to start the divorce proceedings and bring matters to a head - particularly the issues regarding the childrenThe starting point is for him to discuss matters with her using Family Mediationwww.familymediationehlpline.co.uk - so that he is supported whilst negotiating with her.Clare

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