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I want to separate from my wife and move out into a new home.

I tried this back in 2017 with bad results.

 

She refused to access housing benefit or any other help that mothers normally receive from the council,

with the end result that she was evicted from her house,

at which point I took my children in,

 

she took legal help and produced a letter that stated that the mother of the children have a right to live where the children live!

She forced herself into my new house using police presence, and has been living here since August 2017.

 

I want to move out again and separate (can't divorce yet because I simply cannot afford the snowballing costs that many have warned me about), but I am worried it may become a repeat of the last time.

 

Are there ANY legal clauses I can use to ensure that she does not force herself into my new home?

 

I have two children 13 (boy) and 6 (girl), and my boy will be moving with me.

I would like for my daughter to move, as well, but I realise this may be difficult considering her age.

In any case, I wish to keep access to her.

 

Any advice would REALLY helpful as I am at the end of my tether with the issues in this marriage,

and how the system is geared towards helping the mother no matter what the circs!

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Hi there.

 

This sounds like an absolute trainwreck in slow motion.  As far as I know there's no such thing as an automatic right in law for the mother to be able to live where her children currently reside.  Plus I'm not sure why the police would force you to let her back in as surely this would be a civil matter rather than a criminal one, unless they were just "keeping the peace".  It'd be interesting to see that letter she produced if you still have it. 

 

What's your current living situation?  If you're renting and if it's just your name on the rental agreement then she's got no right to be there, however if she's lived there since 2017 she may now have some resident's rights.

 

If you own your current house and you bought it while you were still married she may have a claim to a share of it as a marital asset, even if it's just your own name on the mortgage

 

I'd say you really need to speak to a divorce solicitor ASAP.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks for the reply!

 

My situation is as follows:

 

Currently living in rented accommodation. Spouse living with me. 

I want to purchase a property if possible because of the various incentives in place, and I have a small deposit ready.

 

If I apply for divorce today by using the online system, and purchase a property in 4 weeks' time, will she have a claim to the property because the divorce has not been finalised??

 

I don't have access to the letter right now but will try to scan and upload.

 

Have spoken to online divorce lawyer who advised getting divorced asap before anything. 

 

Just a  bit annoyed that everything is coming at me at the same time! 

 

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I'm in a similar position myself, I'm just in the process of buying a new property following a divorce.  What I found is that as a general rule, anything that's purchased before the Decree Absolute is granted is technically a joint marital asset and she could make a claim for part of it.  Issues with child custody are sorted out at the family court and this can be expensive so it'd be in your interest to try an independent mediation to try to agree these things in advance.

 

Your solicitor is right, if you're serious about divorcing you need to initiate this process before you do anything else.  I know it's tempting to start looking for properties straight away but don't rush into anything, as it could come back to bite you in the near future if you do it too soon.

 

If you're renting and she's staying with you without your permission it may be worth speaking to your landlord to see if he can help, although if she's been there since 2017 as per your original post, she may now have some tenant's rights even if she's not named on the rental agreement, so evicting her may not be straightforward.  Whether she's been contributing to the rent or not may change things too.  I'm no expert on this side of things though.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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