I apologise for the delay in getting back to you. This is not a chat service but an online reply board and we have the users and clients and travelling et cetera and therefore we may be delayed getting back to you.
This is the marital home and your brother is free to come and go as he likes. If he wants to go and recuperate somewhere else and return in weeks or months time, he is quite entitled to do so.
If they get divorced, he is exactly the same financial interest in the property whether he lives in it or doesn’t live in it or simply moves out for a period of time.
She is not entitled to change the locks and if the house is in joint names he is entitled to use locksmiths to get in or to break in and charge her for the cost if she will not give him a key. If he is doing that, he doesn’t want her to allege violence so he would be well advised to visit the police 1st to pre-empt that and show the police this reply from an online solicitor.
Alternatively, he can make an application to court to compel her to allow him back in and to give him a key.
He can either empty of the joint bank account which puts him in control or take 50% out or tell the bank that there is a dispute over this account and ask them to freeze it. Before doing that, he needs to open another account otherwise he will be without banking facilities because nowadays opening a bank account is like trying to get an audience with the Queen!
In respect of any damage she occasions to the property he can ask for that to be taken into account in the divorce settlement.
In respect of abuse, it’s nothing to do with age. It’s to do with vulnerability and if he would be deemed to be a vulnerable adult, then it’s a matter that needs to be referred to social services.
He certainly has grounds to divorce her unreasonable behaviour and if he suspects that she is going to damage the house, he could apply to court for an occupation order to make her move out and a non-molestation order to prevent her coming within say, 100 m of her, under threat of arrest
Can I clarify anything for you?
I am happy to answer any specific points arising from this.
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