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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 I moved out my house for a couple of weeks to give my

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If I moved out my house for a couple of weeks to give my wife room to think would I lose all rights to the house and kids

Hi, thank you for your question. Just a bit more information required to fully assist you:
-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 is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
Married 12 years
Two kids
She moved out twice due to illness witch was depression in the first six years of our relationship
It's a council house
No one has cheated just grown apart
But i don't want to lose kids and house
She still has to take medication to cope now
Customer: replied 1 year ago.
I'm 41 and she is 36

Thanks for confirming. If the property is in your sole name she will have matrimonial home rights which entitle her to occupy the property until at least divorce and she can seek for the tenancy to transfer to her through the courts. If it is in joint names you will both have a legal interest in the property. Either way you will continue to have a legal interest in the property and can only be excluded if there is a court order in place.

If you move out this will not impact your legal interest in the property but practically it may be difficult to return.

Moving out will also not impact your rights regarding the children. As you are married you have parental responsibility which entitle you to be consulted regarding major decisions in their upbringing and the children have a right to a continued relationship with them which should include regular arrangements to see them or for them to live with you.

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

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