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Peter Collins
Peter Collins,
Category: Scots Law
Satisfied Customers: 4459
Experience:  Barrister at Self Employed
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My wife has just said she wants to separate. She has moved

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Hi there,
JA: Hello. How can I help?
Customer: My wife has just said she wants to separate. She has moved out of our family home. We live in Glasgow. The family home is in her sole name, but we have been living there since 1998 (we got married in 2002). Our children are both now at college, and live on the college campus Monday to Friday. Our son comes home every weekend.
She has told me I have to move out by February and I believe that she wants to move her son from a previous relationship and his wife and 2 children in. Today, she came around to the house to pick up some more possession and I can’t now find the front door keys.
I am really worried and extremely anxious and stressed that I can not leave the house at all in case her son and his family ‘move in’ and then lock me out.
Is she allowed to do this?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No, this is the first stage of separation - she moved out of the family home last saturday
JA: Have they talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

 

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

 

OK. You can't be locked out of the marital home. If the locks were changed without your consent you would be entitled to return with a locksmith to gain entry and change the locks again yourself - and then you would simply give her a copy of the new key.

I hope this assists?

Customer: replied 10 days ago.
Thanks Peter - and in terms of saying that I have to move out by February and I believe that she wants to move her son from a previous relationship and his wife and 2 children in. Is she allowed to do that?

Whilst you remain married you have the right to occupy your family home.

I would suggest that you make an appointment with a local solicitor to ask them to write to your wife, if you do not agree to moving out at this stage, setting out your proposals.

Customer: replied 10 days ago.
Hi there Peter - thanks for this. I think the key part of the question is 'can she move her son and family into the property' whilst I am still here....

Yes, she can move whoever she likes in whilst you are still there I'm afraid. I didn't realise this was the key issue for you, apologies.

You both retain the right to live there and invite who you like into the property.

I hope that clarifies things?

 

Customer: replied 10 days ago.
OK, many thanks Peter. That clarifies the situation. Much appreciated...Chris...

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

Peter Collins,
Category: Scots Law
Satisfied Customers: 4459
Experience: Barrister at Self Employed
Peter Collins and other Scots Law Specialists are ready to help you