Supporting statement ... the gory details.. hope this isn't ruining your Sunday evening .. I think I owe you a beer or two...
My application for an occupation order and non molestation order.
The basic facts of my current relationship with my wife and situation are;
My wife left me in early September 2011 after a 9 year marriage to live with another man a few days after my father had died and my daughter was having cancer treatment.
Since then she has lived with her new partner in his home in Leigh Sinton.
I am living in the marital home with my daughter plus my wife's “lodgers” or “tenants”.
Since we split up she has regularly told me I should move out of the family home so she can either live in it or rent it out.
This was at a time when my daughter was very ill and due to the situation at home we became estranged as she was unable to come home, I was was also grieving for my father. This led to a long period of debilitating depression and I was unable to work and was in no condition to move out of the family home. I was told to pay as much to her as I could afford. This was around £25pw to live in the property.
When she left my wife assured me I had no entitlement to live in or have a share of the property as the mortgage was in her name, so when from early in 2012 she insisted that there are lodgers or tenants in the family home to help pay for her lifestyle or towards the mortgage on her partners house I believed I had no choice.
I have generally been responsible for finding lodgers and I am obliged to hand all the money over to her. I was allowed £10pw towards bills, I pay all the household bills and for washing powder, toilet rolls etc for these lodgers. The mortgage is £40pm, she was taking £160 pm. She is now claiming that I have not paid a penny towards the mortgage as she has the account in her name.
If I object to any of her plans as to who occupies the home I have been subject to some unpleasant behaviour, usually with items being thrown around or verbal assaults or threats of eviction.
Earlier this year I decided to file for divorce and have found that I am due some entitlement to a financial settlement that exceeds the £2000 she had offered me to leave.
I am currently under threat of eviction, she wrote to me three weeks ago via her solicitors telling me to vacate the property within 28 days. I am concerned that she will come to the house and with the support of the police go through with her threat. I have asked the police whether they will support my right to live in the property but they have yet to respond. I have no confidence that they will give me this support after previous visits due to her tenant's behaviour and her support for his actions.
This application has come about due to the above threat and recent serious harassment via a third party ; Mr Lee who has been given a tenancy to occupy part of my home by my wife, without my knowledge and without my agreement.
He has been an occasional house guest as he is the ex boyfriend of my step daughter, staying a night or two a week. This was on a casual basis until an argument with his mother was resolved.
I found out he had been given an tenancy agreement when I found he had started removing my belongings from the room he was occasionally sleeping in, I confronted him and he assaulted me. I told him he better leave the house, for this and the reason he was often stealing items of my daughter's and leaving the house insecure on a regular basis.
The police were called and he produced a tenancy agreement. The police called my wife and she said it was a legitimate tenancy and even though the officer explained what had happened she was in full support of Mr Lee occupying the home and removing my property from a room upstairs.
An incident occurred 3 days later involving him locking or attempting to lock me out of a room that again involved the police turning up. Again my wife told them he was within his rights to occupy and lock rooms should he wish to do so. The police have threatened me with arrest should any more incidents occur as I was accused of harassing him. A police sergeant has advised me that as I am married to the landlady I am the landlord of this person and have a responsibility towards him.
This has left me feeling very vulnerable, I have to stay away from the property unless my daughter or my girlfriend is with me as Mr Lee is goading and confrontational.
I cannot access my belongings in some of the home and feel frightened to be in the same room as him due to the fact that he tries to get a reaction from me. I cannot afford to get a conviction for harassment due to my need for a CRB DBS as I am a sports coach.
I have consulted a tenancy lawyer who has advised me that the tenancy agreement cannot be legitimate as I have the right to occupy my home unhindered, this was also the opinion of a housing officer but the police disagree and my wife is fully supporting her tenant. I have not yet been able to see this tenancy agreement.
I am currently off sick and am unable to live in my home as I had been doing until 3 weeks ago. I am travelling 45 miles to and from home. I can stay at my girlfriends a few nights but she cannot support me.
My daughter is still living at home but is quite intimidated by Mr Lee and also when my wife visits the property my daughter hides in her room.
I am gardener and am unable to go to work for my customers, I am losing a lot of work due to the actions of my wife.
I'm also coach for a couple of local cycling clubs and have had to cancel coaching sessions as I am unable to get to Malvern or access my equipment as they are at my home.
I have recently had 3 bank accounts frozen by my wife. One was a joint account I used to pay her the money to cover the mortgage, one was used to pay my earnings into and another was a savings account.
My main concern is that even if I can get Mr Lee out of my home my wife will continue to move people in as her guests, this includes giving them keys to the house and giving them rights to occupy rooms in the house. She also gives them permission to use my belongings or remove them from rooms they wish to occupy. The police are of the opinion she can have anyone move into the property as it is in her name and I will have to put up with it.
There are currently 4 individuals living in my home, 2 of them are guests or tenants of my wife. There are 3 bedrooms, my daughter and I are confined to the smallest rooms. I have no access to one room, limited access to another and have to share the house with people I don't really want to share it with but have been given no choice.
The second lodger known as Steve is a reasonable and quiet person. I am hoping he will move out soon so I can have a bit of space to try and lead a normal life. I do however fear that my wife will just move someone else in as soon as he departs.
We were going to mediation when the incidents with Mr Lee happened and I found it impossible to continue with it as my wife was so obviously supporting the situation and his behaviour, the letter that followed threatened me with eviction and made claims that I was abusive, had my girlfriend living with me [ she lives 45 miles away and works 4 days a week in Sutton Coldfield as a veterinary nurse from 9am until 7pm, so we see each other at weekends and sometimes on Wednesdays] as well as saying that I do not contribute financially to the mortgage.
My wife's situation as far as I understand it;
She is living with her partner in a stable relationship in his home. They are foster carers, taking in children from the local authority.
If I get an order to allow me to occupy my home I wish it to be known that it would not be my intention to exclude my step children.
I have been advised by a solicitor that I may have to pay £3000 to remove Mr Lee if he has a legitimate tenancy agreement, I cannot afford this but I hope that an occupation and non molestation order may mean that my wife cannot force me out of my home either by filling it with more tenants with the support of the police or her threat to evict me leading to a confrontation that I have been warned may result in my arrest and possible exclusion from the property.
I have nowhere else to live and could find myself and my daughter homeless at short notice.
I hope that I am able to live peacefully in my own home until the divorce and settlement are finalised in the near future.
Stephen Charles Price
will post the application doc when I can find a way of attaching it...