A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Moving Back In

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
26 Jun 12 #339364 by BallsOfSteel
Topic started by BallsOfSteel
Hi

Some two years I moved out of the matrimonial home and started divorce proceeding. A Clean Break was agreed and Decree Absolute was given.

Can I now move back into the matrimonial home as I now can''t afford renting due to my excessive legal expenses.

The Consent Order indicates that the home will be sold and the proceeds divided, but I can''t afford to wait for the money and slip further into debt.

Are there any issues to moving back into the home.

Thanks in anticipation

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
26 Jun 12 #339369 by sexysadie
Reply from sexysadie
If your ex-wife is still living there I would have thought that after all this time her right to privacy would outweigh your rights to live in the house. Sorry.

Best wishes,
Sadie

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
26 Jun 12 #339371 by Fiona
Reply from Fiona
There is no issue with moving back if your ex agrees. If she doesn''t you would need to apply for an occupation order (more legal fees?) and your occupation rights would be balanced against her rights to privacy and a family life, alternative accommodation available, the financial means of the parties to pay for accommodation and the way each party has behaved.

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
26 Jun 12 #339375 by BallsOfSteel
Reply from BallsOfSteel
Hi

Thanks for the responses, is this still the case if the house is in joint names?

Do you have to prove you finacial situation, i have considerable debt whilst she is debt free and I am still paying half the mortgage.

Thanks

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
26 Jun 12 #339382 by Fiona
Reply from Fiona
You can''t just force your way in, you don''t live there any more and it''s still your wife''s home. Your rights of ownership need to be balanced against your wife''s rights under human rights legislation to privacy and a family life. The factors that courts take into account
when granting an occupation order are outlined in s33(6) Family Law Act 1996;

www.legislation.gov.uk/ukpga/1996/27/par...ng/occupation-orders

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
27 Jun 12 #339417 by BallsOfSteel
Reply from BallsOfSteel
hi fiona

what happens if i have no home now as i cant afford to live elsewhere. Will the offer of putting locks on internal doors let her retain some right to privacy.

Thanks

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
27 Jun 12 #339445 by cookie2
Reply from cookie2
What would you think if the positions were reversed? Lets say you were living in the house, and your wife moved out 2 years ago, you got a divorce and a Clean Break. Then 2 years later she just decided she wanted to move back?

I doubt you would be very happy with that situation, or welcome her with open arms? She says she is broke and has nowhere else to go, I expect your response would be "not my problem"?

No, I am sorry but unless your ex wife agrees, I don''t think you have a cat in hell''s chance.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11