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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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my wife wants a divorce, is staying with family, but wants

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my wife wants a divorce, is staying with family, but wants to live in my house until she finds her own accomodation. I don't want this. what can I do?

Thanks for your question.
I’m afraid there is not a great deal you can do if the house you are referring to is the family home. Because you are married this means that she is entitled to live at the property until financial settlement in your divorce is resolved.
In actual fact she can register a notice against your property confirming her home rights. This would prevent the property from being remortgaged or sold.
If you wish to resolve the situation quickly then you can:-
1. Informally attempt negotiation for her to leave the premises.
2. Invite her to mediation in order to agree what should happen with regard to occupation of the property and financial settlement generally:-
3. Agree formally between solicitors a matrimonial settlement
4. Issue an application for ancillary relief at court during your divorce so that the court is involved in getting you to agree a financial settlement
I am sorry I could not have better news for you. Many people don’t realise the rights a non-owning spouse has over property in this respect.

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Kind regards,

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.
can i speak to you over the phone?

I'm afraid not, private contact is prohibited under the terms/conditions of the site.

You can contact a local solicitor for a consultation before making your next move. You can find them via:-

Trust this clarifies, please click accept.

Kind regards,


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