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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I have been married less than 1 year, we've both

Resolved Question:

My wife and I have been married less than 1 year, we've both lived in the same address which is rented from the council originally her name is ***** ***** tenancy, I've recently discovered that she's been unfaithful to me and now threatening to kick me out. She has 2 children who live there, a third is 21. Can she force me out of my home? If not how long could the process take before I have to leave?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
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Customer: replied 11 months ago.
The added problem is 1 child who's come back from care still has a care order on her, social services has previously said that my influence on my wife and this child has allowed her to come home as a family unit. I think this would have an impact on this child and the latest child who she's also had to put safeguarding measures in for.
Customer: replied 11 months ago.
I have reasonable grounds to suspect she has been seeing someone behind my back and further heightened my concerns as like with me social services has to do checks on these people.
Customer: replied 11 months ago.
The girl in question Katie has insisted I do not leave this house, mum needs to realise what you did for this family, the latest girl Vicki that Sarah has safeguarded pending a police investigation, Sarah also in one incident involved Vicki to excuse her actions. It's a tricky situation.
Customer: replied 11 months ago.
also last thing last night, she contacted police and made an allegation of intimidation, after she was caught out about this affair, she's now taken Vicki over to her aunties, and left the house.
Customer: replied 11 months ago.
The police took no further action.
Expert:  Harris replied 11 months ago.

Hi, thanks for your question. Please confirm if you are in England or Wales?

Customer: replied 11 months ago.
England
Expert:  Harris replied 11 months ago.

Thanks. As you are married you have matrimonial home rights which allow you to live there despite the tenancy being in her sole name. These rights remain until divorce. However she is able to apply to court for a non-molestation and occupation order if she is able to convince the court that there has been domestic violence or abuse from you and that you being in the property is a risk to her and the children.

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