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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
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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Marital Home

Customer Question

My wife and I are going through a rough patch, if I leave the marital home of 15 years and decide I want to go back , can she stop me?

Do I lose any rights in the home?

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 actually owns the property?
Customer: replied 3 years ago.

The property is in joint names with a mortgage of about 20% of value



Expert:  Clare replied 3 years ago.
Are there any children involved and has your ex made allegations of violence against you?
Customer: replied 3 years ago.

no children and no violence at all all children are grown up and have left



Expert:  Clare replied 3 years ago.
Leaving the matrimonial home does not mean that you lose any of your rights to the property.
In addition you have an absolute right to return to the matrimonial home whenever you wish
You will have to be careful to ensure that your ex does not provoke you to violence as an excuse to force you out.
When you are ready it would be sensible to try and negotiate with your ex using Family mediation
I hope that this is of assistance -please ask if you need further details