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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34036
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've been separated from my wife for about 2 years and i've

Customer Question

I've been separated from my wife for about 2 years and i've just returned home from working abroad to find that she has moved in to my house - which was never our marital home - how can i get her out? She seems to think I am responsible for her and everything she needs - i've not spoken with her but I assume she has quit her job or been sacked
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
I was told I would be expected to get an answer in 8 minutes - it's now over 30 minutes - and I've had to call the police - can someone please contact me
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you been married and are there any children involved?

How did she access the property and what happened to the matrimonial home?

Customer: replied 9 months ago.
Hi Clare. We were married 07/07/08 and I started divorce proceedings about 2 years ago.
We have no children.
We are separated - I have my home in Kent (owned for about 28 years). My wife rents a place in Berkshire where she works.
I also work and live in Switzerland.
My wife has only been to my Kent property for less than 50 days throughout our marriage. It is not the marital home. We have rented apartments close to where my work takes me.
My wife has been suffering depression - and that is the only reason why I have delayed finalizing the divorce. I didn't want to add any extra burden on her. She has a key to the house because she said it helps her get away when her stresses get too tough. I have asked her a number of times to return the key. She will not return it. I do have new locks - but I can't put them on the doors until she leaves.
Something happened at her workplace recently (residential care home) and she has either been sacked or has resigned. I returned from Switzerland last night to find her in my house - complete with all of her suitcases etc. She insists that she is staying and not leaving.
Hope that you can help.
Expert:  Clare replied 9 months ago.

How far have the divorce proceedings reached?

Customer: replied 9 months ago.
We have both signed the divorce document but I asked my solicitor not to process it until the end of the year because it appeared that my wife was making progress with her depression and I didn't want to derail it. However, because of these recent events, I have now asked my solicitor to proceed with the divorce.
Expert:  Clare replied 9 months ago.

I am afraid that whilst you remain married (as you are) and she has a key (which she does) then she can move in and it is in fact a (not "the") matrimonial home - and she has a financial claim on it

Unless she moves out voluntarily then I am afraid that the only way of forcing her out is to reach a financial settlement that confirms that she must leave the property.

I am sorry not to give better news but I can only explain the legal position that you are in

If you need further details please do not hesitate to ask

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