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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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My wife has kicked me out of a privately rented house (in my

Customer Question

My wife has kicked me out of a privately rented house (in my name ) she has my 10 yr old there and my 12 yr old is with me.
My car she has on the drive which is in my name .
Can I get her out?
Can I get car back ?
Please
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Naveed Khan replied 1 year ago.

Thank you for your message.

If the house is rented in your name, you certainly have occupation rights and it would be illegal for her to force you out. Note that if your partner tries to force you out, for example, by making your life so miserable that you have no choice but to go, or changing the locks so you can't get back into the house, this is 'illegal eviction'. Illegal eviction is a criminal offence, and you can report your partner to the police. In addition, you may be able to take out an interdict, a non-harassment order or another type of court order against her to precent her from acting this way.

The same applies to your car. It is your possession and no one has the right to deny you access to your car. That is the law, however, my personal opinion is to try and resolve this amicably as young children are also involved.

Thank you. Hope the above helps.

N Khan

Barrister at law

Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I have been a family lawyer for more than 30 years

This is not an illegal eviction and the police will not be interest in what is a domestic dispute where (to date) no criminal offence has been committed.

However the fact is that you do in fact have the right to return to the property whenever you wish - as does your wife who has matrimonial home rights allowing her to live in the property.

You need to try and discuss matters with your ex using family mediation

www.familymediationhelpline.co.uk

If that fails then you will need to apply to the court for an occupation order so that the Judge decides who lives in the property

The fact that you each have a child in your care will makes this a difficult decision and the issues of what alternative accommodation is available to each of you will be a major part of the decision.

With regard to the car it is a matrimonial assets and you are both entitled to use it

Please ask if you need further details

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