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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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Hello my name isXXXXX wife...

Customer Question

Hello my name isXXXXX  My wife have asked me to leave our house after 20 years together. She wants separation. She works part time I work full time as a driving instructor we have 3 children's. 1st son is 20 years old working and college 2nd son is 16 years old at school 3rd son is 6 years old All of us staying together at the family home. We have 2 properties which we rent out. All properties on mortgages. My wife wants a new life and she want me to leave. There are no abuse or physical violence we are still getting along. I have to the end of June to go out of my house. Need to know what are my rights are as a father Can I stay and look after my sons.

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.
Who has the day to day care of the children at the moment
How much are the houses worth and how much is outstanding on the mortgages?
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.

My wife has the day to day care, but I also share some, like picking and dropping kids. Baby sitting


House 1 - worth £175,000 - mortgage £130,000

House 2 - worth £180,000 - mortgage £ 150,000

Family house worth £170,000 - mortgage £160,000

all the mortgages are interest only.


credit card about £2000 only on my account

Wife income not sure but about £1000 to £800 per month

My income about £20,000 and rental income net about £10,000



Expert:  Clare replied 3 years ago.
Do you intend to move into one of your other properties?
Customer: replied 3 years ago.

No I want my wife to go as she is the one wants changes in her life.


Can I by law stay in the family house or the wife has more rights then i do?

Expert:  Clare replied 3 years ago.
Neither of you can be forced to leave the Matrimonial Home unless or until there is a Court Order either as a result of violence of as part of a financial settlement within Divorce proceedings
You will need to be careful to ensure that your wife does not provoke a violent incident - but otherwise she cannot force you to leave.
In the long term however if your wife has had the day to day care of the children until now then that is what is likely to continue so negotiating a settlement will eventually become essential
Please ask if you need further details