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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12185
Experience:  30 years as a practising solicitor.
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I am a married man of nine years,two dependants. I left the

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I am a married man of nine years,two dependants. I left the marital home five days ago following an non violent argument. I did not consider this a separation but a cooling off period. My wife has ignored all attempts at communication since. I am the sole name on the mortgage and my wife does not have the financial means to pay this or other household bills. I am more or less homeless and cannot afford to pay out money to live somewhere as the household bills are due imminently. What are my rights and do I have right to return to the marital home. I do not want this to degenerate into an unpleasant situation.
Thank you for your question.
Your rights depend on whether the separation is likely to be permanent and lead to a divorce. However for present purposes you have the right to live in your home and to come and go from the home as you please. Your wife has the same right even though she is not a joint owner. She has what are called occupancy rights. Neither one of you can exclude the other unless a court makes an order to that effect. In the absence of any violence either physical or mental, that is unlikely.
Happy to discuss any further specific questions you have.
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