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leaving the home

  • garrylouise
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27 Aug 12 #352123 by garrylouise
Topic started by garrylouise
Hi

I was wondering if anyone can help my wife and i are about to seperate its all very friendly at the moment but im sure that will all change once i am gone, if i move out what are my rights to the home like can she change the locks, can i still have free acsess etc. we have a little girl of 11yrs and have come to an agreement over maintenance any advice will be greatfully accepted

  • LittleMrMike
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27 Aug 12 #352162 by LittleMrMike
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Well, you mention separation. I don''t know if this is a shorthand way of saying you''re divorcing - but it actually can make a difference.

It makes a difference because, on a divorce, the Court has wide powers to redistribute income and assets - whereas if you are merely separating, its powers are much more limited.

So maybe you can answer that first and basic question for me.

You may find it helpful to look at a paper I prepared some time ago to help people in the same sort of situation as you are now.

To answer your question, if you leave the family home, your wife can change the locks. It does not sound as though there would be too much of a practical problem in removing your own personal effects and furniture etc, but you could almost certainly enforce access for these purposes should you need to. And there''s the question of access to see your daughter, which is a practical details you need to resolve.

LMM

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27 Aug 12 #352173 by garrylouise
Reply from garrylouise
thaks for the reply, we are a long way from divorce and are still close friends i was rally trying to find out if i do leave the home to live somewhere else how do i stand leagally
regards

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27 Aug 12 #352178 by LittleMrMike
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Well, all I can say is that you can always return by agreement with your wife, and even if your wife does not agree to re-admit you, you still have a right to return with the leave of the Court.

All I can say is that, if you have settled accommodation elsewhere , a Court is less likely to re-admit you.

LMM

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