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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6152
Experience:  LLB (Hons)
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I am in an abusive relationship (uk)and need to make plans

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I am in an abusive relationship (uk)and need to make plans to leave. I am concerned that if I leave, my spouse will not allow me back in to collect my belongings. what are my rights? My spouse owns the property and my name does not appear anywhere.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: no. I haven't told my spouse I am leaving
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no, I think that's all I need to know
SASH_Law

Hello, how are you today? 



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

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Customer: replied 10 days ago.
I have read and understood the above

No one has to put up with abuse in a relationship. You have the right to be safe and secure in your own home. You have the right to continue to enter the marital home unless an occupation order (OO) has been made to prevent you entering it, and also a right to have your belongings.  An OO is something you may wish to consider applying for, which would remove your spouse from the home instead of you.  Speak to any of the support services below to discuss your course of action.

If your name is ***** ***** the house deeds, the first thing you should do is to register your home rights. See here for the form and guidance: https://www.gov.uk/stay-in-home-during-separation-or-divorce

If you are being abused, you need to take action to protect yourself and any children. You can get assistance/support from WomensAid.org.uk - they have an online chat system so you won’t be overheard if you contact them when your partner is at home.

There is some guidance on the NHS website that may also help: https://www.nhs.uk/live-well/getting-help-for-domestic-violence/

You can also report abuse to your local police force. If you are in immediate danger, call 999, if you are in a safe place and not at immediate risk, you should call 101.

You can also try refuge.org.uk for further help and guidance.

Once you are safe, you will obviously want to think about divorce and finances, and can find info on that here: www.gov.uk/divorce

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Customer: replied 10 days ago.
thank you. I just want to clarify that the abuse is emotional and psychological, but not physical. I don't want to remove my spouse from their property. I just want to be able to leave and get back to collect my belongings. If I need to stay longer and register for home rights, will my spouse be able to find out that I looked up the property on the land registry?

Abuse is abuse.

Yes, he will be notified when you register home rights.

As it is the marital home you have a right to reside in it, but if you choose to move out, you may find it more difficult to return as you wish to get your things. If you don't want to stay there, then pack everything up and take it with you.

I think the best thing you can do, before making any firm decisions, is talk to one of the women's helplines linked to above, and really look into each option carefully.

I would strongly suggest you register your home rights, whether you stay there or not.

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