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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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I moved out of my house at the end of August 2010 (8 months

Customer Question

I moved out of my house at the end of August 2010 (8 months ago) leaving my wife living there.I have continued to pay all the bills etc. I would now like to move back in despite my wife not wanting me to. (never been any violence, just arguments) Can I still do so or have i lost my right to?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Do you jointly own the property and are registered as co-proprietors on the registered title to the property at the land registry

Kind regards.

Tom

Customer: replied 5 years ago.
Yes
Expert:  Thomas replied 5 years ago.

 

Hi,

 

Thanks for your question.

 

If you are named as co-registered proprietors of the registered title to the property then each of you have a right of access which neither can deny the other unless there is a court order to contrary pursuant to civil or criminal proceedings. This means that if there is no court order you can insist on having access to the property to live.

If you have continued to meet your share of the mortgage obligations and there is no behaviour that could convince a court that it is best that you not return then she would be unlikely to get an order stipulating that you should not live at the property you own.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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