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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33293
Experience:  family solictor with 25 years experience
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Hoping you can help me? I argued with my Wife on Friday 28th

Customer Question

Hoping you can help me?
I argued with my Wife on Friday 28th of August. This was the start of the recent Bank Holiday weekend and My Wife and I made-up and agreed to resolve our differences on the Sunday.
On Tuesday 1st of Sept we both went to work as normal. I learned via miss addressed text message that Anna may have been considering staying with a friend. I called her to discuss the text and she said that because she was working was unable to talk. We agreed to discuss that evening.
When I returned home the Police arrived and I was arrested to "de-escalate" an argument that had happened three days earlier? The next day I was released without charge, but guided by the police officer to stay away for a couple of days to let things settle.
My wife has refused to speak with me since and has said that she will dial 999 if I go near the house. I took this threat seriously enough that we jointly arranged a police escort back into the home to allow me to collect possesions y
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

HI

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Are there any children involved?

Clare

Customer: replied 1 year ago.
Clare. Not sure if my question was truncated? I want some sort of Order that will enable me to legally enter my home and force my Wife to make reasonable access provision. I have three Children Josh 18, Honor 15 and Ellie 13, All want me home and I am able to see them at will for now.
Expert:  Clare replied 1 year ago.

Yes those details were missed.

How much is the house worth and how much is outstanding on the mortgage?

What income do you each have?

has your wife said she considers the marriage to be at an end?

Customer: replied 1 year ago.
House is worth approx £200k and I think we still owe about £86000.
Anne's income is fixed monthly at about £1000. I'm on 52kpa but paid in cash and only currently declaring 50% of this sum. My employer can "adjust" my declared income to suit my needs. My Wife and I both agree that the marriage is over
Expert:  Clare replied 1 year ago.

Given that fact what is it that you wish to achieve?

Customer: replied 1 year ago.
Somewhere to live whilst sale of the house goes through. There is still some hope that if living together but formally separated that we may recover. And if we don't our financial losses will be less because we won't have to rent a property whilst paying a mortgage. In the past Anna and I discussed this option and at that time believed it achievable. There is no prospect of reconciliation or amicable separation if we can't talk. All comma via text currently. Is ther anything I can do to regain access to the home. I know Anna may choose to leave if I return but she has accommodation options open to her that I don't.
Expert:  Clare replied 1 year ago.

What are her alternative accommodation options?

Expert:  Clare replied 1 year ago.

How much does a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 1 year ago.
Upon my return home Anna will possibly decide to leave, taking the kids with her. We know that although taking a number of weeks that benefits will secure her a privately rented or social housing home. If she stays and we work toward formal separation I can enhance the appearance of the house to aid sale. This option was considered plausible in the past. Further Anna may choose to leave the home and the kids. She could stay with her mum until she gained housing benefit. I will qualify for no benefit and therefore no home. I have not been charged with any offences. There are no court orders in place. We had a row and I want to go home.
Expert:  Clare replied 1 year ago.

How much does a three bedroom property in the same school area cost to buy - this is important

Customer: replied 1 year ago.
Our is a starter home. Similar properties are of the same value as our own. Not sure if this has any bearing but the kids want me home too. I just want her to stop locking me out and afford access. Not even sure I would stay ther if I could just want to be able to.
Expert:  Clare replied 1 year ago.

In fact your wife would NOT be entitled to Housing Benefit other than for a limited period as the Local Authority would expect her to take the necessary court action to allow her to return to the matrimonial home - or to secure a sale so that she can pay her own housing costs.

In addition since the housing needs of the children are the priority for the court if she takes advice your wife will be told that you cannot force a sale of the property until the youngest child is 18 - and that at that point she is likely to receive 60% of the equity.

Notwithstanding all that the simple fact is that AT PRESENT there is nothing to prevent you from returning peacefully to the property and you are free to do so if you wish.

I would suggest doing so whilst she is out to avoid a doorstep confrontation

Please ask if you need further details

Clare

Customer: replied 1 year ago.
Understood. Thank you
Expert:  Clare replied 1 year ago.

Be aware that if she seeks advice and applies for an order there is no way that you will get to remain - this may be a time when Mediation woudl achieve a better long term result