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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Turn up out of the blue

15 replies

mark53 · 19/06/2021 16:52

So ex moved out 4 years ago...
Neither of us started divorce yet
We jointly own the family home
Its a one bed static caravan

How can I keep her from turning up and demanding to move back in

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Shouldbedoing · 19/06/2021 16:54

I believe that after 6 months she is no longer habitually resident in the property and can therefore no longer enter it without prior arrangement/ invitation.

Shouldbedoing · 19/06/2021 17:01

Though you may need to sell and share the proceeds if she demanded it. Any splitting of living space assets is weighted in favour of the resident parent. Her 'cut' might be small enough to pay out as cash if you are worried about becoming homeless with your children

HollowTalk · 19/06/2021 17:02

@Shouldbedoing

I believe that after 6 months she is no longer habitually resident in the property and can therefore no longer enter it without prior arrangement/ invitation.
Why do you believe that?
DelphiniumBlue · 19/06/2021 17:04

Are you actually living in it?

mark53 · 19/06/2021 17:44

There no children ....
I live in it permanently
So after six months she can't just break in or demand she's coming in to also live here

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mark53 · 19/06/2021 17:46

So if she turns up what should I do....

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Purplewithred · 19/06/2021 17:48

Well if it's owned jointly with you then I can't see how you can stop her. Have you offered to buy her out? Started sorting out the divorce?

mark53 · 19/06/2021 18:06

Yes offered to buy her out....50/50
Not started divorce yet as she saying will contest...
Can't I call police and say I'm entitled to peace and quite ....

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mark53 · 19/06/2021 18:07

Is it possible to sort a consent order before the divorce

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Tinkywinkydinkydoo · 19/06/2021 18:40

The police will say it’s a civil matter and won’t get involved

Shouldbedoing · 19/06/2021 20:39

Sorry I can't find where I got the information/idea about the 6 months away and you're no longer habitually resident there, but this goes some way to explaining why someone can't just walk in, even if they part own. It's intimidation/harassment.
www.familylaw.co.uk/news_and_comment/what-rights-do-you-have-to-the-family-home-when-you-separate

Shouldbedoing · 19/06/2021 20:41

It's usually smart to do Consent Order after Nisi and before Absolute because there is an incentive for both parties to sort it properly, for good.

Shouldbedoing · 19/06/2021 20:44

You say she's been gone 4 years. Surely she can't just march in and bagsy the bed etc She has the right to.come.in for.hwr possessions and to see that the property is being maintained, but not perform a takeover bid.

Cheeseycheeseycheesecheese · 19/06/2021 20:48

After 4 years away, why would she? Or has she said she plans to?

mark53 · 21/06/2021 18:16

Yes just found out she's left her boyfriend of the last 4 years and wants to return here ...

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