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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my wife lawfully insist I leave the marital home? Jointly

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Can my wife lawfully insist I leave the marital home? Jointly owned property we have lived in for 18 years. Note: I have stated to her that I cannot leave on the basis there is nowhere for me to go and further, I am not prepared to leave. She says she will change all locks and deposit my possessions in refuse sacks.
Hi, thanks for your question.
She has no right to force you out or change the locks without there being a court order regarding this. She will need to explain to the court, with justification or evidence the necessity of you being excluded from the property and this is only done in extreme circumstances.
You have both home rights to occupy the property arising out of the marriage, as well as the legal interest as it is in joint names.
Please let me know if you have any further questions regarding this.
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