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Wife left me and daughter but now wants to until house is sold

  • Lee Duke
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06 Apr 22 #519109 by Lee Duke
Topic started by Lee Duke
My wife left me and our 14 year old daughter several weeks back claiming she cannot live with our daughter (they have battled for years) but the very next day was with another man (I have evidence she was with the other chap at least a week beforehand !
The wife is hopping from staying with her son and her new fella, but today has messaged me saying she might move back home until divorce / house sale / financial settlement is sorted.
This would devastate our daughter as she does not want to see her mum as she is 'toxic' etc. My wife moving back would also devastate me as I would feel safe at work if wife & daughter were at home alone.
As the wife chose to leave us, how can I legally prevent her from coming home please?

  • notgettinganywherefast
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06 Apr 22 #519110 by notgettinganywherefast
Reply from notgettinganywherefast
Whether or not the house is jointly owned, you and your wife both have 'home rights' which give you the right to reside there, because it was/is the marital home.
I think the only way to prevent your wife from returning would be to obtain an order from the court. You would need to seek legal advice on how to do that, but I wouldn't have thought that your wife and daughter not getting along would be enough of a reason for the court to approve an order, unless the situation poses a risk of harm to someone.

  • Lee Duke
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06 Apr 22 #519111 by Lee Duke
Reply from Lee Duke
Most grateful for your fast reply.
My daughter is suffering mental health issues because of my wife which is something my wife is aware of as she has admitted causing the mental harm.
I have asked a solicitor the same as I think an 'Occupation Order' may be the best legal solution.
I cannot even tell my daughter this as she will go into a complete meltdown for days or longer.
Thank you.

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