Can i just walk back in my house?

[Deleted User]

Deleted post

AnotherJoe

You need to see a solicitor.

00ec25

go see a solicitor,
you have a child involved and owe it to your child to get this on a formal legal footing, particularly if you are not familiar with UK law

if you are moving out "with" your daughter then you hold the cards, not her, as the law will ensure the child's welfare comes first - of course that may not end in the result you want....

[Deleted User]

00ec25 wrote: »

go see a solicitor,
you have a child involved and owe it to your child to get this on a formal legal footing, particularly if you are not familiar with UK law

if you are moving out "with" your daughter then you hold the cards, not her, as the law will ensure the child's welfare comes first - of course that may not end in the result you want....

cant affod a solictor.

[Deleted User]

Not sure moving out with my daughter means i hold the cards as she can always take her away if things ever get toxic.

00ec25

Summer17 wrote: »

Not sure moving out with my daughter means i hold the cards as she can always take her away if things ever get toxic.

NO

that is precisely what I'm talking about, if your daughter is coming with you then why does your ex hold the cards? Your daughter has chosen to come with you, how can your ex "take her away" then? You have already taken her daughter away from her mother, isn't that toxic?

Are you or are you not legally married?
if not that is your own mess
if you are, you MUST go legal otherwise this is going to destroy your daughter eventually

a divorce agreement will ensure that the child's welfare is paramount until she is 18. That will mean one of you gets a clear right to house the daughter in whatever property the court considers appropriate for the child.

G_M

If you are a joint owner of the house,you have a right to be there. I assume if you are on the mortgage, you are also a joint owner. For £3 you can check here.


If your daughter is living with you, why do you believe your wife can just remove her?



But the question of where your daughter lives and who with should be decided by a judge as part of the divorce. If the marriage really is over, as you say, then you must start divorce proceedings. The judge will decide who gets what money, who gets the house, who looks after your daughter and how often the other partner can visit or have your daughter visit them.


Trying to arrange all this 'amicably' between yourselves and stay formally maried might work for a while, but eventually something will go wrong, you'll argue, and then the problem you raise in your post will happen (eg wife taking daughter 400 miles away, or locking the house front door)


Go to Citizens Advice (CAB), or a solicitor.

[Deleted User]

00ec25 wrote: »

NO

that is precisely what I'm talking about, if your daughter is coming with you then why does your ex hold the cards? Your daughter has chosen to come with you, how can your ex "take her away" then? You have already taken her daughter away from her mother, isn't that toxic?

Are you or are you not legally married?
if not that is your own mess
if you are, you MUST go legal otherwise this is going to destroy your daughter eventually




a divorce agreement will ensure that the child's welfare is paramount until she is 18. That will mean one of you gets a clear right to house the daughter in whatever property the court considers appropriate for the child.

my daughter did not choose. Wife want me to have her as she work away alot. She 2 years old. Is a consent order any good.We not intrested in a getting devorce yet. as she cant afford to buy me out and same here.
The wife want something drawn up as she worried i might get nasty later.
we both talking and still live together,

pinklady21

Summer17 wrote: »

The wife want something drawn up as she worried i might get nasty later.
we both talking and still live together,

Which is why you need to talk to a solicitor. Now. Most solicitors will give their initial consultation for free - around half an hour or so.
You want someone experienced in family, separation and divorce law.
Best of luck, I hope for all your sakes it can remain amicable.

AnotherJoe

Summer17 wrote: »

cant afford a solicitor.

Really? How much does one cost?

And when you lose the house and child will you say that?

[Deleted User]

We going to see a solicitor! We are going to get something drawn up! She want me to have our daughter as she will not be able to with her job. She also said I'm such a fab dad that she be better off with me!
Do we both need to get separate solicitors? She paying for mine as I can't afford it! Only issue is she lives in our flat. Will this make it harder and be advise that she should move out? Or be told that the child have to live with her even thou she want me to have her. If this is the case as I said she will move away! We both don't want to sell this place as we will want to sell at a later date when we might want the money