The property is in joint names. My wife is living in a private rental which I have not visited.
I'msorry to have to tell you that unless there is a court order preventing hercoming into the house or unless the house has been dealt with as part of theancillary matters of the divorce, then this is the marital home and it is injoint names and she is free to come and go as she wishes.
Shecan move back in if she wishes.
I'msorry to have to tell you that she is right, it is her house (obviously alongwith you) and she can go there whenever she wants and you cannot stop her.
Thereis no allegation of violence so an exclusion order is out of the question.
In thatrespect therefore the sooner the house is dealt with was part of the divorceproceedings, the sooner you will be able to exclude her provided of course thatyou can come to an agreement with the finances of the house.
Withregard to any items that she takes, you can of course make her account forthose in the division of the marital assets.
If youchange the locks, she can actually break-in and you will be responsible for thecosts of the repairs.
I'msorry, I appreciate that this is not the answer you wanted but there is nopoint in me misleading you. I have a duty to advise you openly and honestlyeven if that answer is unfavourable.
Doesthat answer the question? Can I help further? Can I answer any specific points?
Please don't forget topositively rate my answer service even if it was not what you wanted to hear. Youshould now see a series of buttons which enable you to rate my answer service formally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask. The thread does remain open for me to answer follow-up questions after ratingmy answer service.
I amoff-line shortly but will pick this up later because I am on and off-line eachday and weekend so please bear with me.
Thank you - for your fast response. It wasn't what I wanted to hear. I just thought there may have been some mileage in a person having a right to privacy. Life just doesn't seem to be fair at times.
Human Rights Act claims are extremely difficult and specialist. In addition you are after all still married so you would be breaking new ground by bringing HRA claim against yr wife!
It isn't one that I would like to predict the cost or the outcome.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).