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Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have vacated my home last 2 months as my daughter

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I have vacated my home for the last 2 months as my daughter assaulted me on boxing day. I dropped the charges. My daughter stayed in the home with my wife as she had nowhere else to stay but has now left. I have been staying with my son and daughter -in-law. My wife has changed the locks so that I can't get home. I have made no attempt to enter my home until my daughter left - because I wanted to avoid any difficulties.
Now that she has gone what rights do I have to go home and regain access to my house? We have been married for 33 years and have lived together in this house for 25 years
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
It a divorce being discussed?
Customer: replied 3 years ago.

Hi Clare- Apologies for a late reply - I have been away from my PC this afternoon. The house is on the market for £635,000 at the moment - we owe £360,000 on the mortgage. Yes tentatively a divorce is her proposed solution( I am not keen - I want a reconciliation - she has done this many.many times before over 33years of marriage) . My wife and I are fearful of the financial consequences and legal costs of this - so at the moment we are talking about a temporary separation ( for me) - permanent separation (for her).

I am most anxious to know about my rights to access to my home where I have lived with my wife for 25 years. I am the sole breadwinner and always have been - she has a small psychotherapy practice which earns very little ( less than 5K per annum)

Hope that helps. Happy to add more info if you need it


Customer: replied 3 years ago.

Hi Clare

Can you give me an idea about when I will get an answer to my question? Sorry to chase! I am very aware that I delayed my response to you yesterday afternoon! Just anxious to know what to do ( or what I can't do) next.

Kind Regards

Trevor XXXXX

My apologies for the delay - I have been off line
As a joint owner of the property you are entitled to return there whenever you wish unless or until there is an Order excluding you (usually as a result of Domestic Violence)
You can in fact break in if you need to do so.
Obviously you need to take care to ensure that you are physically safe - and to be careful that your wife does not manufacture a situation where she can accuse YOU of violence
In the long term if you do separate then the starting point for the division of the equity is 50/50
I hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Clare - that is exactly what I needed to know - you have been very helpful

You are most welcome I hope all goes well