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Is this OK to send to my husband? he has recently left my

property and has threatened to...
is this OK to send to my husband? he has recently left my property and has threatened to return. (sole name property/married 1 yr)Further to your request to seek legal advice. I am happy that you have finally vacated my property to stop causing me financial abuse and dissipation of my finances - after paying £zero to your own bills and living costs in May, July, August and September 2017. Leaving me to cover everything. And continually harassing me despite requests to stop.I note that you have only taken the essentials – medication, clothing. And I have arranged to move the remainder of your personal belongings to a secure storage facility – which the code for it is in my car. I do not permit you to use the car – it will be treated as being driven without my permission if you do(as you have taken all the keys and I cannot access it). The vehicle is not taxed as of 01/10/17 – I do not know where you have placed the documents in regard to this , which I am currently trying to sort out. Please also return the spare keys that you have invaded my personal belongings to obtain.If you under any circumstances is break into an occupied property; this would cause great distress and will involve the police, which may lead to a civil injunction or a non-molestation and occupation order.Article 8 of the Human Rights Act also protects my right for you to respect my private and family life, home and correspondence. This includes unexpected threats to visit to my place of work. I notice that you opened my post to obtain and activate a Sky viewing card which was addressed to me. Postal Services Act 2000 section 84 states that you should not have done this.
I have not changed the locks – I have made the property secure whilst I sort out this situation.
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Answered in 1 day by:
10/4/2017
Naveed Khan
Category: UK Family Law
Satisfied Customers: 58
Experience: Attorney - Freelancer at ELANCE
Verified
Matrimonial Home Rights give protection to a husband, wife or civil partner under the Family Law Act 1996 (the “FLA”) where the matrimonial home is owned by one spouse but the other spouse has a right of occupation. If the non-owning spouse is in occupation, they have a right not to be evicted by the other spouse without an order of the court or if they are not in occupation they have a right, with leave of the court, to enter and occupy the matrimonial home.
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You cannot ban his entry without court order
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Customer reply replied 2 months ago
When you say ban
I will let him into collect but I would prefer he didn’t stay with me?
The police are involved
Customer reply replied 2 months ago
They asked me to make myself secure in the property
How is the police involved? Note that If you are married then you have a right to live in your home, even if your home is only in your husband or wife’s name. This is known as matrimonial home rights. Unless ofcourse there is an occupation order stating that your husband must leave. An occupation order is an order which sets out who can live in the family home, or who can enter which parts of the family home.
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Customer reply replied 2 months ago
He has been harassing me
I have been trying to discuss future plans as I am looking at repossession now - which isn’t no good to anyone- he has a Iva so cannot get mortgage.(it’s buy to let) and was only meant to be a temporary living space- as a family member is not allowed to occupy)
He said he didn’t care and if I was there he would break the chain off. As I wanted to meet in a public place.
He then went and took my car and said if I didn’t let him in - he would take my car, and now cannot get to work.
Also been messing with post and sky bill

Ok as far as harassment is concerned, note that the Police have various powers in relation to harassment and domestic violence. They can arrest people for many offences ranging from harassment, to stalking, to violence offences. The police have the ability to issue warnings about behaviour which is sometimes enough to bring it to an end. They can also issues cautions, bail conditions, course of conduct warnings and obtain Domestic Violence Orders from the court. If the Police take no action other than to note your concerns, this is still recorded on a log and each time you report an incident to the police it will be added to that log. This again helps to show a pattern of behaviour and a history to your situation.
You may consider approaching court for either a Non Molestation order or for an Occupation Order.An Occupation Order is an order that protects you from harm by excluding your ex from your property or by preventing them from returning.

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    Customer reply replied 2 months ago
    Thank you so muchOne final question
    What action could he take to gain re entry through the courts?
    The police have said they will be arresting and questioning him.
    Many Thanks
    He can go to court to enforce his occupancy rights. Also please accept my answer. I’ve tried to outline basic principles here, but my advice to you is to go and see a family solicitor asap. Good luck
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    Please do not forget to rate my service. Thank you.
    Naveed Khan
    Category: UK Family Law
    Satisfied Customers: 58
    Experience: Attorney - Freelancer at ELANCE
    Verified
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