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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I'm separating from my wife. There is no history of violence

Customer Question

Hi
I'm separating from my wife. There is no history of violence or abuse. It as her decision. I have putatively found a place and will be moving out in 5 weeks. However during that time does she have any rights to evict me? What if my new house falls through and I need another month? I don't want to be here but have nowhere to go.
The house, btw, is owned by her mother.
I also wonder, seeing as she will not be amicable and is hostile and threatening, can I do passive aggressiv things like smoking in the home (up til now 'her' rules' were no smoking
Advice appreciated
London Dan
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
We have been sharing the family home for five years
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long have you been married?
- I note the house is in your wife's sole name - is it rented or owned?
Kind regards
Caroline
Customer: replied 1 year ago.
Married almost five years (in May).
The house is in my wife's mother's name solely. 99% sure. Bought outright (rich family). Mother remains abroad,thanksDan
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
As you are married then you have a right to reside in the matrimonial home.
If is worth registering a Free Matrimonial Homes Rights Notice on this Form to protect your rights of occupation.
https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1
If you move away for some time then it reality although you can move back if you register your homes rights - this will become more difficult.
This doesn't stop you considering a financial claim in respect of the matrimonial finances if you decide to divorce.
You are able to smoke in your own home although I imagine that realistically this is only going to create more hostility.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have just been told this is wrong. My wife assaulted me, I called the police and she said it was her and her mother who owned the property and she wanted me out and the police said to me if my name isn't on the lease, they will later eject me if thats what she instructs them to do. I am now facing that. I paid for legal advice, what should I do? What law are you basing your advice on?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The information I have given you is the correct position - you do have rights of occupation by virtue of being married and it does not matter that the property is in your wife's sole name. You do need to register the Homes Right Notice I told you about and you should do this ASAP.
What has happened now is different - if there has been an incident / likely to be one then the police can temporarily exclude you - usually overnight.
If there is an incident whereby say your wife alleges you have assaulted her - then you can be excluded for longer if the police charge you and bail conditions are put in place.
So you need to be very careful and exercise caution.
Your wife could also seek an occupation order from a family court to exclude you for say 6 months if things are so bad at home. Judges do not like making people homeless but will make an order if they think your wife needs protection from you.
None of this stops you making a claim in respect of the matrimonial finances including the property in such a claim should you divorce.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
http://www.legislation.gov.uk/ukpga/1983/19/enacted
This is the legislation
Kind regards
Caroline
Customer: replied 1 year ago.
Thanks - thats a long piece of legislation, can you quote the part that specifically protects me from being evicted?
Customer: replied 1 year ago.
hi i have the form here - can you help me fill it in over the phone? please?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just to clarify - I had misread this and do apologise - if isn't just in your wife's sole name but her mothers also - the Land Register won't accept the application for notice unless all the beneficial interest is your wife's solely. (That being your wife would get all the proceeds if the house was sold)
If this is the position then I can go through the form with you
But if this isn't - this doesn't prevent your right to occupy the matrimonial home as your wife has interest to reside and so do you.
Kind regards
Caroline
Customer: replied 1 year ago.
if i fill in the form is that going to protect me from eviction today?
Expert:  ukfamilysolicitor replied 1 year ago.
If your wife has a beneficial interest to reside in the property- then so do you by virtue of being married.
Who is saying they will evict you today ? Why are they saying this?
Customer: replied 1 year ago.
the police
Customer: replied 1 year ago.
they say its the law
Expert:  ukfamilysolicitor replied 1 year ago.
Why ? Are they saying that you have committed a crime?
You are sure that your wife has an interest in this property?
Kind regards
Customer: replied 1 year ago.
today the police turned up with my wife, after she had been released for her assault on me (a light punch). They tried to make me leave, saying I was a trespasser. I had been to see another solicitor in the meantime and she gave me the photocopied pages of the relevant Protection From Eviction Act 1977. They were going to bundle me out of the house, they were thugs, but i had the solicitor on my speakerphone telling them what they were doing was illegal and getting their numbers. They slowly changed plan and escorted my wife to friends in south London. It was quite scary, they wanted to get me to resist arrest for sure.They said i was trespassing, that my wife was the owner I had no right to be there, would I leave. I said 'are you going to arrest me if I refused to leave' and they wouldn't confirm. I told them it was her that had assaulted me, something they didn't seem aware of. I said I have a right to be here as a resident and only a court order can evict me. Finally they left, as i say. i have had limited text messages with my wife, she is mad she expressed no remorse and thinks I want her money and it was all my fault. I just want to say 'no more craziness and lets sit out this next month then I'm gobe forever' but I cannot predict what she will do next. She could claim I assaulted her if she knows the law. change the locks or something. So if I need to register a Homes Right Notice, where, at a family court near? How do i do that, what do I need to take? How long will it take? How effective will it be if she claims I assaulted her, not very I fear.Or Shelter says I may be able to apply for an Occupation Order 'if you've been evicted from your home by a former partner or if you want to exclude a violent partner from the home. You will usually need the help of a family law solicitor. Legal aid may be available if you are a victim of domestic violence.'Well I have been the victim of domestic violence haven't I? I have no evidence if this, the police didn't leave anything. It's hard on my wife, but she's got no compassion and would have me chucked on the street and beat up by thug cops with weapons, so what about an occupation order, do i need to be one of the owners of the property?https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/common-issues-relationship-breakdown-and-housing/relationship-breakdown-and-housing-occupation-orders/I have a Family Court not so far away, for my safety and because I owe her no favours at this point, I'd like to be safe in my home and exclude her (she has plenty of places to go, I have none) should I arrange to go there tomorrow to try and get an Occupation Order? Again, its her name on the deeds and I have no physical proof of her arrest for assault yesterday. Legal Aid because of domestic violence would be useful too, though I fear the courts are thinking of women not men in these things.
----
An occupation order could do one or more of the following things:enforce a right to stay in the family home
enforce a right to return to the family home, for example, if you've been locked out when you shouldn't have been
exclude someone from the family home even though they have a legal right to be there, for example, excluding a spouse because of their violence and abuse
---sounds appropriatethanksDan
Customer: replied 1 year ago.
ps am I being charged for these follow up questions?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Dan
I cannot believe that the police tried to take that action against you!
They have clearly misinterpreted the law.
With the property being in her mothers name as well then the Land Registry won't register your homes right but this doesn't mean that you still don't have a right to occupy.
You can register a unilateral notice instead but you have to issue for divorce first.
You have correctly identified that these can be overridden if the mothers makes an allegation such as assault.
You do not need to be an order to apply for an occupation order. Judges do not like making people homeless so they can take some time - often a few weeks at least.
Was your wife charged with assault?
Ps all follow advice is free
Kind Regards
Caroline
Customer: replied 1 year ago.
No she wasn't charged as far as I know. But I dont know, the police told me nothing after they took her away.. if an occupation order can't be done very quickly then it seems pointless, i have also been told about a non-molestation order that could exclude her? Is that something i could get today? I am trying to mediate with her now but I am aware that there is the danger she could tell the police shes been assaulted at any time if she comes back
Expert:  ukfamilysolicitor replied 1 year ago.
Non molestation orders can be done quicker if there is an urgent need
These orders are sought to protect someone urgently from harm
What would you say the risk is that she is going to do this ?
You can apply for an occupation order quickly but it takes a while for a final decision to be made - but then making the application itself could prove your intention to remain and have the desired effect
The Form to apply is FL401
You apply to local family court
There is no court fee
Have to provide a statement as to how she has tried to get you removed, you have been assaulted and wish to remain
Ps I think you should raise an official complaint with your local police constabulary
Customer: replied 1 year ago.
Things have quietened down and my wife is choosing to stay away. I have tried to convince her i am not after her house or money, just want to live here (with her if she chooses) peacefully. I don't think there is any need for a court order, but I will keep your advice to hand.Luckily today the letting agent and my accountant did a huge step towards ensuring I have the property to move into on March 1st, and this is my wife's main worry, that I would remain if that fell through. It now looks sorted so spirits are higher and some trust has been regained
Customer: replied 1 year ago.
Would a complaint against the police have much chance of going anywhere, and would there be any money in it for me if they acted unlawfully. I think they were just careful enough to avoid committing any offences but you are the expert.cheers
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thanks for the update.
Glad to hear that things are settled.
In respect of the police - I don't specialise is criminal law so can't comment on any compensation etc
I have had to raise a few complaints before in respect of family matters and my area is quite good at investigating quickly and giving a response. Might be the officers need a few training points so this filters down and others in a similar position you were in don't get treated how you were.
Kind regards
Caroline

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