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Marital home

  • Gash1888
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25 Apr 12 #326567 by Gash1888
Topic started by Gash1888
Hi folk, new to this but looking for some help and advice.

My situation is as follows:
Been separated for almost 2 year, my wife left with the two kids and lives in a rented flat, it was a hard break up but we both knew it was for the best as constant arguments were starting to effect the kids.

I gave her the choice to stay in the house ( mortgage in my name only, which I have always solely contributed financially towards) but she refused saying she wanted a fresh start.

She has been in the flat for 2 years and there has been no problems but recently she has said she wants to move back in with the kids and is demanding that I let her.

Now don''t get me wrong I wouldn''t ever want to see my kids hard done to but she has a job with reasonable pay, gets working tax credits and 500 a month CSA from me so I hardly think shes struggling financially.

My question is this, can she legally just move back in, even if we have been separated for 2 year ( no divorce proceedings yet as I never get a reply when my lawyer sends a letter)? Any info and help appreciated guys, thanks

  • rubytuesday
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25 Apr 12 #326574 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

Once a spouse has been living elsewhere for a period of about 2 years, they have relinquished the right to live occupy/live in the former marital home (although they still have a right to enter).

has she given more explanation as to why she wants to move back in, and what does she expect you to do if she does?

  • Gash1888
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25 Apr 12 #326599 by Gash1888
Reply from Gash1888
She says it''s for the kids security and for there future?? I''ve asked her to elaborate a bit but that is all I get

She said to me I could just keep on living in the house but we would live as a separated couple or I could move out, I think this is totaly unreasonable, we have both moved on I have a partner and she has had partners.

U say a period of "about 2 years" any ideas where I could find this information for a definite figure and read the exact wording of this?

I would never stop her setting foot in the house as she does quite often when she comes to get kids or drop them off ect but what''s she''s asking for now is unreasonable considering the above factors.

Thanks very much for your reply :)

  • Fiona
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25 Apr 12 #326615 by Fiona
Reply from Fiona
If your wife''s name is not on the title deed she will be a ''non-entitled spouse'' and would automatically acquire the right to live in the family home when you were married. Her right to occupy the home will last until either you divorce or she left the family home and did not return for two years or more. See s5 Family Law (Scotland) Act 2006.


  • Gash1888
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26 Apr 12 #326623 by Gash1888
Reply from Gash1888
Thanks for that Fiona, appreciated :)

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