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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife left me. I remained in the family home which has no

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My wife left me. I remained in the family home which has no equity. She moved to her parents for 3/4 weeks and then moved in with her new man who she had been seeing for months.
We organized our finances with me paying the mortgage and all house bills. After 4 weeks she wanted to come home. My wife made our 15 yr old daughter persuade me to let her come back. My daughter was very upset and so I agreed. Initially my wife pretended that she wanted to try again, but I knew that was a lie. After 7 days she has made it clear that she has no intention of trying again and will not leave the house. Clearly she just wanted to get back in the house. My 2 children ( 15 and 12 ) have been living with me since the break up and want to stay with me. My wife is a full time student and cannot pay or help to pay the mortgage. Only I can afford to pay the mortgage. If I was forced to leave the house my wife would not be able to pay any bills. Can I make her leave and will filing for divorce for adultery help my case.
Hi, thanks for your question.
As the home is the family home you are both entitled to live in the property and she cannot prevent this without an order from the court. As you are the main carer of the children you have good prospects to remain in the property if you were to pursue an application to court, to prevent her trying to force you out.
Unfortunately, you cannot force her out as she is entitled to also live there and you would need to make an application to court either for an occupation order to exclude her from the property - which in your circumstances would be difficult as you would need to demonstrate that there is a risk to you or the children if she remains in the property.
Or you can apply for a property adjustment order, under a Form A, once divorce proceedings have commenced.
Initially, I would suggest that a referral be made to an independent mediator so that you can both sit down with the mediator who will attempt to assist you both to reach an agreement which is in the best interests of the children and yourselves. You can find local mediators here:
Please let me know if you have any further questions regarding this.
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