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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 and me have separated 10 weeks ago. Temporary i hope

Customer Question

My wife and me have separated 10 weeks ago. Temporary i hope i have said a few nasty things over the years and have accused her of an affair even though she has not and asked for a divorse while drunk. I have moved back to my mums. There's no affairs on either part or violence. Most of my belongings are still at the family home. I have an 18 yr old and a 9yr old son. I keep popping back to pick mail up and that so see them every so often I keep asking is there a chance of getting back together and she says she just needs time because I have hurt her. My wife is a lawyer and very clued up. Is there a certain time scale when she can do something and stop me moving back in. I would just move back in but don't want to jeopardise the relationship by going in all guns blazing if you know what I mean thanking you for your time. Wayne
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:

-Is the property owned or rented?

-In whose name is ***** ***** or tenancy?

Customer: replied 1 year ago.
Hi we both own the house its a joint mortgage in both names cheers wayne
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you are joint owners and it is the matrimonial home you have a legal interest and a right to occupy the home and this can only be legally restricted if there is a court order in place excluding you from the property. Your legal interest will remain until your name comes off the title, so a divorce will not automatically impact this.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.,

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.