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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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If a wife leaves the family home over a year ago, after

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If a wife leaves the family home over a year ago, after leaving a note saying she no longer wants to be married, moves out into a rented property and the house is now on the market to be sold but has now said she will move back into the house until it is sold.
Is she allowed to do this?

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

-Have parties now divorced?

-Whose name is ***** ***** in?

Customer: replied 1 year ago.
No not yet.
In joint names.

Thanks for confirming. The wife, despite previously leaving, will be entitled to return to occupy the property as the property is in joint names and therefore she has a legal interest in the property which allows her to occupy the property. Such occupation can only be excluded by a court order.

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