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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
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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I have had a domestic with my wife and she has threatened if

Customer Question

I have had a domestic with my wife and she has threatened if I do not leave she will call the police as she is scared. Is there any law saying I have to. The house is shared ownership. I can stay in one part and leave her alone and she can stay in the other part and leave me alone until the divorce / sale of the property goes through? Or do I have to leave? If it was the other way around, could I force her to leave?. I have a daughter from a previous marriage who has her own bedroom and stays with me on Tuesdays, Fridays and Saturdays, I can't just up and leave and expect her at 12 years to understand she no longer has a room at her second home when it is not what I want ?? Please advise
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What actually happened in the "domestic'
How much is the house worth and how much is outstanding on the mortgage?
How was the purchase funded?
How long have you lived together and are there any children involved?
Customer: replied 3 years ago.

She kneed me in the ribs and I headbutted her afterwards


415k, outstanding 243k


My 35k, her dad gave her 35k and that was the deposit


since Jan 2011


I have a child who resides with us on Tue, wed & Sat from a previous marriage. We have no children together

Expert:  Clare replied 3 years ago.
How much does a one bedroom property in the same general area cost to buy?
Customer: replied 3 years ago.

What has tgatgotto do with me knowing whether legally I have to vacaremy property? ?? That is all I want to know ?? I don't know as I am not an estate agent and I haven't looked. Sorry if that sounds rude but I believe my question to be quute durect and simple.

Expert:  Clare replied 3 years ago.
I was hoping to give a realistic assessment of the long term position as well as the short term one.
In the short term neither of you can exclude the other from the house unless the Court makes an Occupation Order favouring one of you.
Such Orders are generally only made where there has been physical violence - and sadly it is often easier for a woman to convince the court that the man has been violent rather than vice versa
The fact that you have your daughter three nights a week MAY be sufficient to ensure that you remain in the property - although how much your ex would need to rehouse herself could also be part of the equation.
I hope that this is of assistance - please ask if you need further details