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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12182
Experience:  30 years as a practising solicitor. Partner in own firm.
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My wife left our home in Scotland to live with her daugher

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My wife left our home in Scotland to live with her daugher 7 weeks ago .
But returned when I was out and change all the locks she is not on the deeds of the house I had the house before we married
She called the police .
The police said I had to leave because she had a letter from her solicitor saying she could do this but I have no letter telling me from her solictors
Thank you for your question. I am a solicitor in Scotland.

Your wife has a right to occupy the house as your wife under matrimonial homes legislation. However, unless she has a court order excluding you from the house you are entitled to be there as an owner. You are entitled to break into the house and change the locks or get a key.

You do not have to leave the house unless your wife has a court order. The police were wrong to tell you to leave unless there is a court order.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi my wife has had a council tenancy for 7 year in aberdeen with her daughter .
But it's my wife's tenancy agreement
I also told this to the police this and her address for the council tenancy
But said there would arrest me if I went to my house to get in
They can't arrest you for breaking into your own house. See your solicitor and get a letter to that effect to show the police. This is a civil matter, not a criminal one.
Customer: replied 3 years ago.
I had to return from Aberdeen because I have no famille there only in England can I get addvice from British police before I go back to Aberdeen because it takes me 51/2 hours to drive their and 5 1/2 back to england
No, the Scottish police force and Scots law are different from that in England. You have to take advice in Scotland, as you are doing by contacting me.

I do suggest you see a Scottish solicitor face to face and get the advice confirmed in writing but I can tell you, if there is not exclusion order granted by a court, the police are wrong to say and do what they have done.