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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My marriage has broken down and I want to get a divorce. We

Customer Question

My marriage has broken down and I want to get a divorce. We live in a flat that's in my name with my two children aged 11 and 14. She is threatening to get me removed from my property. I brought her into the country so it doesn't sit well with me that I should leave my home. Recently she attacked me with a knife and was arrested. Could I have grounds for having an injunction against her?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I will need some further information first.
How much is the house worth and how much is outstanding on the mortgage
What other assets are there and who has the day to day care of the children?
Customer: replied 4 years ago.

The outstanding amount is about 69,000. I'm not too sure how much it's worth. At a push it could be worth around 150,000. There aren't any other assets.

The children depend on me for most of the time

Expert:  Clare replied 4 years ago.
Does your ex work?
Customer: replied 4 years ago.

Yes she does.

Expert:  Clare replied 4 years ago.
When she attacked you did the Police actually charge her with anything - and how recently was this?
Customer: replied 4 years ago.

The police arrested her but did not charge her, This happened around February this year

Expert:  Clare replied 4 years ago.

Hi Your wife will only be able to force your immediate removal from the property if she can convince the court that you have been physically violent towards her which given the previous history she woudl struggle to do. Unfortunately too much time has passed for you to rely on the last incident to force her removal from the property - but if there is a further one then yes you can make an immediate application for her to be excluded from the property In the absence of an immediate Order in the long term the question of which of you will remain in the property will depend on which of you has the long term care of the children - with the equity in the property eventually being shared when the youngest child is 18 I hope that this is of assistance please ask if you need further information Claire