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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33547
Experience:  25 years experience of all aspects of family law
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my brother has just found out that his wife has been having

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my brother has just found out that his wife has been having an affair with a neighbour. His wife has asked my brother to leave the house and go and live with my mum. as this is a friday night he is unable to seek any legal advice and is no afraid to leave the house incase they change the locks by the time he comes back

please help

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.


Do they own the property?

How long have they been married?
Customer: replied 3 years ago.

yes they do own the property - the mortgage ends or has ended this year.


 


they have been married for about 23 years

Hi
Thank you for your question I shall do my best to help
Your brother cannot be forced to leave the matrimonial home unless there is a court order as a result of violence
If he is forced to leave then he can apply to the court for an occupation order allowing him to return
If she changes the locks then your brother can break into the property whenever he wishes
In the longer term your brother will need to discuss the future with his wife to decide what will happen with regard to the property and the child and this is best done using Family Mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance please ask if you need further information
Claire

Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33547
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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