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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1441
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Estranged wife moved someone into matrimonial home recently

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hi,, estranged wife moved someone into matrimonial home recently without my permission. I occupy it [ recognized interest on land registry] . Property in her name. She gave him some sort of tenancy agreement I have not been party to. He is stealing stuff and being abusive but police not interested.
my solicitor says its not bad enough to count as harassment even during ongoing mediation. She has forced me out of the matrimonial home by using a 3rd party.. can I do anything? I would like to have my home back.
Nice one.. Steve.
Hello Steve
Welcome to Just Answer
I am sorry to hear about your situation.
I note that you are going through mediation in relation to the matrimonial finances so hopefully you'll be able to agree a settlement, if not you should make an application to the court. This is of course isn't a quick process.
In the short term if your still living at home then you could consider applying for an Occupation Order against the 'tenant'. Under the Family Law Act 1996 section 62(3) you can apply for an occupation order against an ‘associated person’. Associated persons are defined by law as those who are or have been married, civil partners, cohabitants or former cohabitants or relatives. The FL401 Form includes for 'Both of you live or have lived in the same household'.
The court will apply two tests when considering whether to make an occupation order. The first is a ‘balance of harm test’ that determines whether you will suffer significant harm if the occupation order is, or is not, granted.
If the first test doesn't favour you, then the court can apply a second test - the ‘core criteria test’. This requires the court to look at the housing needs of both parties, the financial resources of both parties and the conduct of each party to the other.
In reality if your living elsewhere and that accommodation is stable then you might struggle as Judges really don't like making people homeless.
Kind Regards
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ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks for your quick reply, I'm not living elsewhere but may soon have to move out due to harassment. Signed off sick by doc due to my agitated mental state and I cannot be at work and try and look after my home [ my daughter mostly] anyway.

I can stop at my g/fs a night or so but she lives 50 miles away and I cant afford to commute. my work and and everything is near my home.

This situation has

stopped me working

deprived me of my home potentially

I am unable to study for my sports degree

I cant have a peaceful family life

and its driving me to feel crazy.

She lives elsewhere in a stable family situation with a good income.

I'm self employed very low income, I cant afford to rent another property but am being driven out of my home by my wife's actions via a 3rd party.

Thank you for your help, Steve.

Hello Steve
Thank you for clarifying that for me.
If you also have a child with you then that would also be a consideration for the court.
Form you need is FL401. You can get this from the HMCTS website. There is no court fee. You should submit a very detailed statement with your application detailing all if the incidents and the effect it is having on you.
Kind Regards
Please remember to rate positively - thank you
Ps you need to argue that he is not your tenant - the agreement is purportedly with you wife and not you. The house is her sole name and you are not party to that agreement.
All the best
Customer: replied 2 years ago.

Thanks for reply again. my daughter is a grown up but is slightly dependant as she was seriously ill a couple of years ago and in long term recovery.

It is good to get a second opinion, my solicitor was very negative about my chances.

Giving up now and having some tea with family, sort of normal, thanks again will look at the forms etc and compile a statement. all the best Steve.

Your welcome Steve
As mentioned above Occupation Orders are not easy to obtain as Judges really do not like making people homeless. You've got hurdles - you need to convince a Judge of the effect of his behaviour, that he isn't your tenant and the Judge will also consider his financial situation and if he can afford another home.
You can only but try.
Best wishes
Customer: replied 2 years ago.

good evening Caroline.... we've been looking on wikivorce and in the faqs it states that even if I am not the owner of the matrimonial property I do have right of occupation and a peaceful one at that. I would imagine creating a dodgy tenancy might not be in the rules...particularly one that appears to not to make sense.

Cant create a lodgers licence as she lives elsewhere

Cant create a tenancy on a room that is being used by someone else!

I dont know how having a peaceful life squares with having a really horrid squatter :-)

my solicitor is not being helpful. been given conflicting advice..Laughing read and heard some interesting stuff last few days... cheers Steve

Good evening
I'm not a landlord an tenant specialist - I'm sorry
Your situation certainly is unusual and you should be able to enjoy your property. There is certainly no easy solution which is a shame given what your going through.
Kind Regards
Customer: replied 2 years ago.

thanks... my solicitor has pretty much scarpered ( actually gone on hols ;-) ) and left junior to deal with it who is having to ask colleagues but I dont think they have tenancy specialists at practice. CAB were pretty good with it tho but bloke was retired housing officer .

If it turns out he has no right to stay itll be difficult to remove him as police side with ex and him. blighters said I was wasting their time....grrrr...

Im at girlfriends for a few days so can relax and let it all go a bit. My daughters ok at mo as well. Itll be alright in the end :-) cheers Steve.

I'm glad to hear that your not feeling defeated. It will have to be sorted in the long term but in the short term if it worsens and you do try to go for the Occupation Order then I hope that you get a sympathetic District Judge.
Enjoy your few days off
Kind Regards