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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
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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My ex wife has been living in the USA months while I

Customer Question

My ex wife has been living in the USA for 6 months while I have looked after the children 3yr and 8yr (we are separated). She is coming back for a holiday but now I have discovered she is coming back for an nonspecific time period and expects to stay in the family home. Can I bar her from entering the family home? My concern is, this is an effort to become the primary care giver and she will start divorce and custody not long after arriving. (While disrupting our peaceful life that's working well)
Am I better just telling her to stay at a Friends place? She is also still part home owner of our family home? What are my rights in terms of keeping her out? (That's not to say I don't want her spending time with the kids)
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.I am sorry but you have no legal right to exclude your ex from the matrimonial home since she is a joint owner unless there has been violence or other abuse.Obviously if she agrees to stay elsewhere so that the children are less disrupted then that is fine - but you cannot dimply impose it.However try not to worry - the fact that she is back now will not simply wipe out the fact that for six months you were a single parent and managed well.I would suggest that you arrange Family soon as she returns to make it plain that you wish to confirm the existing arrangementsPlease ask if you need further detailsClare
Customer: replied 2 years ago.
Thanks for the answers, does it make any difference that in our seperation agreement she has agreed to sell her half of the property to me and I have started to buy her out? We just haven't got as far as updating the bank loan details. But that could happen once she is here.
Expert:  Clare replied 2 years ago.
was the agreement made after you both had independent legal advice?
Customer: replied 2 years ago.
Yes she did have legal advice before we wrote up the agreement and signed it. But we wrote it not a lawyer. It also states she can stay in the home if it is agreed first. But of course that is where we are now no agreement.
Customer: replied 2 years ago.
And I had legal advice
Expert:  Clare replied 2 years ago.
She had no advice on the wording of the agreement itself?
Customer: replied 2 years ago.
I cant say I wasnt with her the couple of times she spoke to a lawyer. I dont think a lawyer reviewed before she signed it.
Expert:  Clare replied 2 years ago.
Then the existence of the agreement will not change the position at all