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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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10 Weeks ago my wife of 20 years walked out to go and live

Customer Question

10 Weeks ago my wife of 20 years walked out to go and live with her daughter. Two weeks ago she suggested I alter the house so that she could have her own space, but the relationship was to be one of 'flatmate' as opposed to a reincarnation of our marital relationship.
I had my views about what triggered the original split and I am wondering why the sudden volte face. I dont believe its to rekindle the relationship. She has been taking her advice from two women that have been married 8 times between them.
The question is simple. After having done the alterations would I be jepordising my position if I now say 'You cannot move back' and change the door locks?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Whether you do the alterations or not I am afraid that you have no right to exclude your wife from the property as she has the right to return there whenever she wishesPlease ask if you need further detailsClare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare,Thank you. a few questions then.What if I did?
Could she get some kind of court order to exclude me? This I may add happened 25 years ago when I was first divorced.
Are there a form of words that we both could agree on to obviate the need for legal action in the future so as to live harmoniously together but apart?
Expert:  Clare replied 1 year ago.
Who actually owns the property?
Customer: replied 1 year ago.
Clare,My laptop blew up last night.I dont know if you perlied but if you did can you repeat it please.
Expert:  Clare replied 1 year ago.
Hi
I asked who owns the property?
Clare
Customer: replied 1 year ago.
it is jointly owned by me and my wife.
Expert:  Clare replied 1 year ago.
Then she is entitled to break into the property if you change the locks - and yes then she is likely to get an Order excluding you.It would be sensible to draw up an agreement setting out how your house share would work.Clare
Customer: replied 1 year ago.
Clare,
Thanks for that..
I'm perplexed that she can get an order excluding me, why can't I do the same thing?I agree with you regarding an agreement. Do you have a simple form of words I can work on?
Expert:  Clare replied 1 year ago.
She will only get an Order if you deliberately exclude her
Customer: replied 1 year ago.
Ok, understand that, but because she has keys my (our) home's security is at risk is it not. Surely I have the ability to secure it.Do you have a form of words?
Expert:  Clare replied 1 year ago.
HI
No I am afraid that you cannot argue that the security is at risk because a joint owner has the key.
I would suggest that you go to Family Mediation
www.familymediationhelpline.co.uk
to agree the terms of your agreement
Customer: replied 1 year ago.
Under what circumstances can I get an order to exclude her now that she has gone?I can't seem to log on to that website.
Expert:  Clare replied 1 year ago.
Hi
Unless she is violent towards you then you will not I am afraid
You will need to cut and paste the address into your search engine
Clare
Customer: replied 1 year ago.
Ok thanks.Whats your email? mine is***@******.***
Expert:  Clare replied 1 year ago.
Sadly I am not allowed to give you those details - but you can always ask for me on here