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ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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Hi, wonder if you can help thanks...I will try my best to keep

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Hi, wonder if you can help thanks...I will try my best to keep things concise. I have been involved in a protracted divorce situation which is now coming to a head with a final hearing due this Friday before a lay court. I presently live with my estranged wife and two children in a two bedroom council property,and despite my best efforts to remain in my children's lives for the majority of the time I appear to be fighting an uphill battle, as despite my wife's many misdemeanors it is not seen that she is a harm to the children and therefore as a mother is in a stronger position to myself as a Father. Despite being recognised as 'an excellent Father' it appears that I will be asked to vacate the family home forthwith. I am not in a financial position presently to practically deal with this situation. My landlord (Housing Association) is happy with me as a Joint-Tenant but my question is this, do the Court this Friday have the power to evict me without any reasonable cause? I am getting no definitive answer from my own solicitor on this and my Wife's solicitors seem to be overly concerned that I might not move out, as if they know something I don't. Many thanks for your help. Yours Faithfully, Matt
My name is Mac. I can help you with your question. First I need a bit more information:
- is the final hearing this Friday in respect of her (and your) financial claims? Or some other aspect of the divorce/separation?
Customer: replied 3 years ago.

Hi Mac, it is actually a joint hearing dealing with 'Residence of the Children' and 'Application for Change of Tenancy'. We have a Joint Tenancy which my Wife is trying to get changed to a Single Tenancy in her name. Originally she tried to do this even before anything had been decided about the children but this case was adjourned with the decision that both cases should be heard together. There has been no domestic/ physical violence by either party. I am seeking shared access to the children (50/50) which my Wife is not willing to agree to and I am being pushed even by my own solicitor is suggesting that I should except access 35% of the time which I find strange and wonder if this too has any link to change of tenancy issue?

Many thanks.



Without any domestic violence, it will be difficult to exclude you from the family home against your will before the divorce has been finalised.
Of course, the two of you are inevitably going to live separately, and it may be better to agree something voluntarily than have it forced upon you.
In relation to the children, 50/50 is not an absolute rule, and it depends on the circumstances and what the Court thinks is best for the children. It's not always best for them, during term-time, to be with each parent absolutely equally (although I would expect that you could do better than 35%, unless there are specific reasons to the contrary).
Customer: replied 3 years ago.

Thanks Mac, I should just add that a Decree Nisi has gone through but not a Decree Absolute, does this change anything in your thinking? Thanks again, Matt

Hello Matt,
No it doesn't change anything - that would be pretty much what I would have expected anyway.
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