UK Property Law
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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?
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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.
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