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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have recently leftmy family home,well asked to leave approx

Customer Question

i have recently leftmy family home,well asked to leave approx 3 months ago and my wife has changed the locks and refusing me access. I also work from home in a self contained office which used to be the garage. now she is also refusing me access to this even though the internal door to the house is a fire door which is locked from the inside and has a separate front door. I have been paying for the mortgage and helping on the basis that she lets me work from the office. the mortgage is £1000 per month and other bills I am paying are car/her mobile/sky/home phone plus helping out when I can.. we have 3 children that live with tam plus a family dog. the house is a large detached property worth approx £475k and we have a mortgage for £245k ish. the house needs approx 15k spending on it to sell. My wife does not work. I run a building company. I put a £20k deposit down on the house 7 years ago and I carried out a large extension on the property> and I have paid the mortgage for 7 years. we have been married for nearly 5 years. Is it true that I cant have access to either part of the house and where do I stand moving forward?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
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 old are the children and on what basis has your ex excluded you from the house?
Customer: replied 2 years ago.

11/9/8 and I have no access to the house at all or my office. the locks have been changed and she puts a key in the office door to stop me getting in.

Expert:  Clare replied 2 years ago.
My apologies for the delay - I was unexpectedly offline.
Unless there has been a Court Order as a result of violence your ex has no right to exclude you from any part of the house - and you are entitled to to break in if need be.
You would need to be careful not to do anything that would allow her to claim that you threatened her which could lead to an Order excluding you.
Alternatively you could apply to the Court for an Occupation Order allowing you to use the Office without entering the House where your wife and children are living.
In addition you can start divorce proceedings based on her Unreasonable Behaviour and within those you can ask the court to deal with the financial issues - especially the issue of the house.
The priority for the court is the safe and secure housing of the children until they are 18, but if she can purchase a suitable property for the equity in the current property then that is what is likely to be ordered
Your child maintenance liability is 19% of your gross income at most - and you MAY be liable for Spouse maintenance - but you will not have to pay the mortgage as well even if she remains in the current home.
I hope that this is of assistance - please ask if you need further details