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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 28302
Experience:  family solictor with 25 years experience
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My question is: I am a UK citizen. Can I prevent my wife from gaining entry to

Resolved Question:

My question is: I am a UK citizen. Can I prevent my 'wife' from gaining entry to my late father's house (and demanding to stay) where I currently reside in north London?
The matrimonial home in the UK has tenants but probate has now gone thru for my father's house and that is officially 'mine' alone.
I am currently going thru a divorce, altho the first petition was rejected and I find I am having to consider pursuing a second petition on grounds of unreasonable behavior - but we have been separated de facto for three years plus.
She is residing in Ghana where she has access to two residence - one wholly hers and another (also in her name) which we built together but which is empty.
Our kids (22, 20 & 18) need an address in UK while they go thru Uni -- they and she are dual nationals UK/Ghana.
Incidents of domestic violence against myself (incl damage to equipment) make me uneasy in her presence; I suspect she would kick off and rummage my documents and I need to calm to work
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Has she ever lived in your late fathers house at all?
Claire
Customer: replied 1 year ago.

Only in the past when we visited as a family for limited periods - two weeks/one month and so on. Last year when my Dad was alive she came over and stayed for a month or two (I initially scarpered out of the country for couple weeks) to engage in a (failed) conciliation exercise. He felt powerless to prevent it.


For reasons of convenience, when tenants went into the UK matrimonial home, the entire family's postal forwarding address in UK was swapped to my father's house, so some of her mail is redirected manually (by myself or my son). She has a coat and some few minor pieces of clothing here - almost nothing.

Expert:  Clare replied 1 year ago.
Hi
How long has the matrimonial home been rented out?
Where else could she stay in the UK?
Claire
Customer: replied 1 year ago.

The matrimonial home in the UK has been rented out since 2007/8.

She could stay with her sister or friend - both also in London. She actually has no reason to come to the UK yet as no court proceedings have been commenced. The petition is not even in.

And I have been forwarding between £1000-2500 a month to her. I will axe this as she is now receiving half the rent from the matrimonial home in UK after four-month gap when there were no tenants.

All her business/salon/weightloss-vacuunut equipment/machines are in Ghana where she neglected to restart her business. She has no job in the UK but is free to get one.

Expert:  Clare replied 1 year ago.
HI
The fact that she has previously lived in the house could be a problem - as it could mean that it could be argued that it is currently the Matrimonial Home.
However at present you can argue that this NOT the matrimonial home and she has not right to enter it as things stand - and if she tries to enter you can call the police
However there is nothing that you can do at present to actively prevent this happening.
If she threatens you in any way then you must report it to the police and that may well enable you to obtain an Order excluding her from the property
I hope that this is of assistance but please ask if you need further details
Claire
Clare, Solicitor
Category: UK Law
Satisfied Customers: 28302
Experience: family solictor with 25 years experience
Clare and 2 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, Claire,


Because of the effect on the kids, I do not want to pray in aid past disturbances/incidents of violence as I don't think it helps the process.


How can she claim this is the matrimonial home just because I came to stay here to look after my father in his last days or because my son (still here) came for the same reason (I do travel a lot) ?


If she turns up and insists, can I call the police anyway? Doesn't de facto separation and a history of tension, violence and sabotage to equipment count for anything?


And since we are in some kind of protracted 'judicial dispute' -- even if the petition is not yet before the court -- can she just barge in and rifle thru personal documents - personal and professional? Surely I have the right to forcibly prevent that?


Standing my ground will inevitably lead to someone getting hurt -- isn't that an issue?


Thanks.


 


 


 

Expert:  Clare replied 1 year ago.
Hi
I said the matrimonial home point is arguable - not that she would win it but that there was a potential argument since you have both spent time there in the last year and it is the postal address
She has no right to enter the property without your permission or a court order - so imply do not let here in - and yes call the police
Claire

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