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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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 daughter is divorcing her husband of 30 years. They lived

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My daughter is divorcing her husband of 30 years. They lived together in a disabled persons bungalow, my daughter is Spastic paraplegia with other complications, so the bungalow was for her benefit. It is housing charity owned . As her husband is of a violent disposition she does not want to stay under the same roof as him now she is divorcing him but he won't move out. She has been staying at her sisters home since November 1st 2013. Has she a legal right to take from the home articles she needs ie: warm clothing, and her mobility scooter. He is threatening to sell her possessions.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
When was the last incidence of physical violence?
Customer: replied 4 years ago.

This is a complicated answer! Her husband has not, as far as I am aware, been physically violent to my daughter. He has on several occasions in the past attacked other persons, including his own brother. An incident on the 1st November 2013 occurred which caused my daughter to leave her home and she has not returned since, with regard to her own safety. His temper is quick to rise.

How old are they both?
Customer: replied 4 years ago.

My daughter is 54 and her husband is 57?

Customer: replied 4 years ago.

I will have to leave this now as it late here in UK.....must assume there is no real help with my question!

Your daughter is entitled to return to the property whenever she wishes and remove her personal belongings and anything she needs.
Within the financial side of the divorce proceedings she can apply for the tenancy to be transferred into her sole name - and in the circumstances this is likely to be granted
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you