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i was ask to leave my home by my wife!!!!!!

hi all. can any one tell me how long if i leave my marital home before it is classed that i have left in the eyes of the law . I have been told it to be four weeks but am not sure???
born free and taxed to death
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Comments

  • webitha
    webitha Posts: 4,799 Forumite
    hi there whose house is it if your name is on the deeds then you have as much right to be there as she is

    but as regard your question sorry couldnt tell you but best of luck anyway
    If we can put a man on the moon...how come we cant put them all there?

  • wanttosave
    wanttosave Posts: 425 Forumite
    webitha wrote: »
    hi there whose house is it if your name is on the deeds then you have as much right to be there as she is

    The house is in both our names .
    born free and taxed to death
  • andipandi_2
    andipandi_2 Posts: 474 Forumite
    Part of the Furniture Combo Breaker
    if you are on the deeds you can enter your home whenever you want to unless there is a court order or banning order etc.
    don't get mad do yoga


  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    If the house is in both of your names then you both have right of entry no matter how long you have been away.

    The only way your wife can stop you entering the house is to have a restraining order which she obtains through court, and has to give excellent reasons for not allowing you into your own house.

    Do you have children? If so then the courts will probably grant her the right to remain in the marital home until your youngest child is 17, but a solicitor will advise you of all your rights.

    She could always buy you out of the house though?
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • ben500
    ben500 Posts: 23,192 Forumite
    I'd get some legal advice pretty swiftly if I was you. If you stay after being asked to leave you run the risk of some ambulance chaser convincing your ex you are a vampirous ogre bent on sacrificing her and the kids in the dead of night and seeking a court order, start a documentation trail.
    Four guns yet only one trigger prepare for a volley.


    Together we can make a difference.
  • hobo28
    hobo28 Posts: 1,601 Forumite
    Agreed with Ben. Don't move out until you've at least spoken to a solicitor. Especially if you have kids.
  • wanttosave
    wanttosave Posts: 425 Forumite
    hi all . yes we have two children , but i have been staying at my grandads flat which is for over 55's ( but i am only 38)so i cant stay there forever. I have not moved my stuff out ,just bits to get by with . And am trying to see my kid as much as i can . and now thinking of moving back to ths spair bedroom , it has now been 3 weeks since i left .
    born free and taxed to death
  • cotsvale
    cotsvale Posts: 397 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Get back quick - until you are sure of your rights.
  • hobo28
    hobo28 Posts: 1,601 Forumite
    If your wife is being reasonable about access and you believe you can trust her then you may want to weigh up the pros and cons of moving back.

    To answer your original question, as others have said, as long as your name is on the house and your married then your covered. If your kids are young then your unlikely to get 50-50 of equity but for those exact details you'll need a solicitor for.
  • mkbean
    mkbean Posts: 48 Forumite
    Why should you move out, unless you don't want custody of your kids?
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