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Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner is getting divorced and made a settlement offer

Customer Question

Hi my partner is getting divorced and made a settlement offer through his solicitor to his ex wife offering the house etc and asked permission to gain access to his house etc for his possession and this was 22 days ago to date no reply. What should he do he feels that his solicitor is not being very helpful
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Just a bit more information required:- Is there a court order in place?-Why can he not return to the home?
Customer: replied 2 years ago.
No court order in place, he has been told that he must ask permission to return to the house because his wife will not be happy about seeing him.He pays all the bills and has done for the last 11 months to keep the peace has been told if he doesn't his wife has threatened she may go interim maintenance order and he wants to avoid this.
Expert:  Harris replied 2 years ago.
Thank you. Legally, he will be allowed to return to the home. If the property is in her sole name he has a right to occupy the property arising out of the marriage and this only ends when they are divorced.He should keep on top of his solicitor to attempt to persuade her to amicably allow him to return, but if this does not progress then he should consider taking the matter to court to settle - the trouble with attempting to settle without court proceedings is that neither of them have an obligation to comply with the negotiations and there is no timeline, whereas if court proceedings are issued there are strict guidelines and consequences if the court directions are not adhered to.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.