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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1439
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife wants a divorce,my question is,do I have to vacate the family house,if I agree

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Hi,my wife wants a divorce,my question is,do I have to vacate the family house,if I agree to a divorce or Wether I don't agree. What can she do if i dont agree,can she force me out. Theres no violence whatsoever or screaming or shouting at each other. The house by the way is a council house,which is in her name only. I received a letter from the mediation courts. We are sleeping in different rooms and basically leading different lives now.Thank you
Welcome to Just Answer
Thank you for your question.
I am sorry to hear about the difficulties that you are experiencing in your marriage.
Despite the tenancy being in your wife's sole name - you do have a right to occupy because it is the matrimonial home.
If you need to remain in the matrimonial home whilst matters are finalised and there is no violence / harassment then your wife would struggle to obtain an Occupation Order preventing your right to occupy.
If there was any incidents then either or you could call the police. The police could ask one of you to leave for a short while, usually overnight, whilst things calm down.
Kind Regards
Please remember to rate positively - happy to discuss further.
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Customer: replied 2 years ago.
Thank you very much for your reply