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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am going through a divorce and I live in the former matrimonial

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I am going through a divorce and I live in the former matrimonial home. My wife keeps going to my home (jointly owned house) whilst I am away or in work and snooping around and taking things. I feel it is a great invasion of my privacy. All I want is for my wife to show me some respect and courtesy and let me know the day before that she is calling, but she refuses to do it. I don't go to her place when she isn't there and I know she would not like it if I did. I feel like a prisoner in my own home having to put everything away all the time if I leave my home. What can I do?

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.

Is the property in joint names?
Customer: replied 3 years ago.


The property is in joint names. My wife is living in a private rental which I have not visited.



I'm
sorry to have to tell you that unless there is a court order preventing her
coming into the house or unless the house has been dealt with as part of the
ancillary matters of the divorce, then this is the marital home and it is in
joint names and she is free to come and go as she wishes.

She
can move back in if she wishes.



I'm
sorry to have to tell you that she is right, it is her house (obviously along
with you) and she can go there whenever she wants and you cannot stop her.



There
is no allegation of violence so an exclusion order is out of the question.



 



In that
respect therefore the sooner the house is dealt with was part of the divorce
proceedings, the sooner you will be able to exclude her provided of course that
you can come to an agreement with the finances of the house.



With
regard to any items that she takes, you can of course make her account for
those in the division of the marital assets.



If you
change the locks, she can actually break-in and you will be responsible for the
costs of the repairs.



I'm
sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading you. I have a duty to advise you openly and honestly
even if that answer is unfavourable.



 





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I am
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day and weekend so please bear with me.



Stuart J and 3 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

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.

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