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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34907
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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I am seeking some advice. My husband and I have separated

Customer Question

Hi, I am seeking some advice. My husband and I have separated and we jointly own our marital home in England. I have moved out and he has moved his new partner in without my permission. She does not contribute to the house financially and I do not want her in our property. Can I legally remove her stuff and make her leave?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I have been a family lawyer for more than 30 years.

Your husband is living in the property and is entitled to ask her to stay there with him.

However when he is not there IF you ARE there then you can ask her to leave and she must go.

However that is dependent on you personally being there - you cannot simply say that she is not allowed there if you are not there.

Basically this is an issue that needs to be dealt with within the financial side of the divorce - and the result will depend on many factors - including those noted above.

You certainly should not be paying towards the mortgage or any bills on the house but will retain your full interest in it

Please ask if you need further details