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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2291
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am having domestic problems with my wife. She has been

Resolved Question:

I am having domestic problems with my wife. She has been fabricating stories about domestic abuse and have been threatening me. I have been trying to talk to her to sort our problems but all she is interested is what she can get out of me.
I own my property as the sole owner and she has no registered in the interest in the property. I have read from citizen advice that I can give her reasonable notice to leave the house. And if the notice expires I am able to change the locks if I choose to. Is this correct?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
She has been physically violent towards me on several occasions.
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. The information you have received from the CAB is incorrect. As you are married, and it appears the home is the matrimonial home, she has matrimonial home rights even though the property is in your sole name. These rights entitle her to occupy the home at least until divorce, and also to seek a claim for a share of it.

Without a court order (such as an occupation order) excluding her from the property you will not be legally allowed to change the locks.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 6 months ago.
How can I get a occupation order?
Expert:  Harris replied 6 months ago.

You can apply for it using form FL401 to your local family court, however there are strict tests that the court will need to assess (called the balance of harm) before granting such an order as it would render her homeless. The court will consider:

a) the housing needs and housing resources of each of the parties and of any relevant child;
(b) the financial resources of each of the parties;
(c) the likely effect of any order, or of any decision by the court not to exercise its powers under subsection (3), on the health, safety or well-being of the parties and of any relevant child; and
(d) the conduct of the parties in relation to each other and otherwise.

Customer: replied 6 months ago.
I am thinking of applying for an order as I am scared what she might do to me physically. I always sleep next to my son with the door closed. Today she threatened me by saying wait after few days! She was suppose to be working today as she does for the past year every weekend. When I said why she did not go to work she replied ' I got sick leave'. I replied but you are not sick or ill. She just laughed and said I lied then said you wait for few days again! I am guessing she must have gone to the GP and got a sick leave note.
Should I go to my doctors as well to say she has been physically violent towards me. I can see what she might be trying to do.
Expert:  Harris replied 6 months ago.

If you feel you are in immediate risk or danger you can contact the police first, and if they do not assist then you can urgently (on the day and without notice to her) attend court to apply for the occupation order and a non-molestation order (an injunction) which can be done on the same form. You should accompany it with a detailed statement outlining the history, the most recent incidents and the most serious incidents.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2291
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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