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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34887
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've been married to my wife for 5 years and we live in a

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I've been married to my wife for 5 years and we live in a council apartment that's got her name only on the tenancy. She wants to file for separation and is telling me I have to move out. She also says she has spoken to the council and that if asked I'd have to go since I have no legal rights to live there.
Is this true or do I have any say in the matter?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are you both and are there any children involved?

Customer: replied 1 year ago.
I'm 39 and she is 38 this month... we have 1 child who is 1 year old and she has 2 others from previous relationships a 12 year old girl and 20 year old son

Who has the day to day care of the children?

Customer: replied 1 year ago.
I work 5 days a week and she volunteers 1-2 days as well as some weekends... so mainly she does but when I'm at home my son is with me as well

In the long term what do you think will happen - where will you each live?

Customer: replied 1 year ago.
I'm not going to fight for our home... in the long term I would expect to move out... what I want to know is would be afforded the time to sort something appropriate for myself or am I going to be resigned to being chucked out at a moment's notice

You have Matrimonial Home Rights in the property and that means you can remain there so long as you are married or there is a Court Order excluding

you as a result of violence

Provided you can ensure that she does not provoke you to violence then you can remain in the home whilst you find yourself alternate accommodation

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Claire. You have been very helpful

You are most welcome