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Legal matters

DH entering flat and taking photos

20 replies

adriftabroad · 27/03/2023 15:35

while I am out.

I am now scared and am in Spain and at the beginning of a contentious divorce.

He has changed the locks on the family home and lives there
I am in a flat (that he owns) with my DD(14) for school, we have nothing here
DH refuses to give our DD her books for school, said he has given all her lego away
He has sent me whatsapp photos with pictures of the ineterior of the flat saying it is a mess (it isn[t)

I am terrified now. He could have taken any of the documents I have (would not know if he had, 20years worth of Spanish documents)

I have already been to the police in Novemer when he tried to get in when I was there.

Would this be illegal in England?
I feel I cannot leave the flat and DD will only do so if I am here.

Heis very wealthy and giving me a few hundred pounds to live on.

I feel run down and sick.

Can anyone give me any advice. I have no car,no money spare nothing.Lawyers are 2 a penny and want quick and easy[express divorces. I have tried 3 already.

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SeatonCarew · 27/03/2023 15:44

The CAB have a facebook page in Spain for expats, they may be able to help. See Citizens Advice Bureau Spain.

It may help if you give some more info on here, eg your and your DH's respective nationalities, your residency status in Spain and some more background on your situation.

Is your DD his child?

The best of luck.

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adriftabroad · 27/03/2023 15:49

Thankyousomuch

Just looking on a governmentuk site for lawyers now.

Married 20 years
DD our DD 14 years.I am 52. He is 70.
He is Spanish, DD is Spanish, I am English but have lived here 16 years.

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adriftabroad · 27/03/2023 15:51

Sorry my spacebar is not working properly.

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drpet49 · 30/03/2023 16:47

He isn’t doing anything illegal as he owns the flat.

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RosesInWater · 30/03/2023 17:40

Try a forum like Expats in Spain or similar. There might be someone who is living there who could advise.

Go to the British Consulate or Embassy or email them for information regarding your situation. They may be able to point you in the right direction as a British citizen abroad.

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Collaborate · 31/03/2023 06:41

Your divorce is governed by Spanish law, not English or Scottish law. People on an English language website are unlikely to be much use. What English law would it would not say is irrelevant.

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adriftabroad · 31/03/2023 07:52

Thank you for your input. Especially those that showed empathy. It waqs very kind, I am isolated here!

I am aware I am in Spain, the law is different and that it is his flat. I am also aware that he has changed the locks on my villa and is now hounding me and DD and causing great anxiety and distress. Hoarding all our posessions.

I wanted opinions/advice.

I spent 6 hours at a police station yesterday and he will be told to appear before a judge for psychological domestic abuse against me and a minor.

I hope this helps any other people reading who are being treated badly and stalked by their STBXH husbands.
Whether there will be an outcome in my favour is another matter.

Thanks again.

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adriftabroad · 31/03/2023 07:55

@RosesInWater I got a great lawyer thanks to you and @SeatonCarew . A bit of a distance away, but fantastic. The others have been useless.

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SeatonCarew · 31/03/2023 11:32

I am very pleased you've got a lawyer sorted @adriftabroad . May this be the start of your journey to a brighter future. Wishing you the best of luck. 💐

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Iflyaway · 31/03/2023 11:43

Hi OP, so sorry you are going through this.

I would also advise checking Brits in Spain forums. There must be quite a few of them. There's probably some very knowledgeable people on there.
Good luck!

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GrannyAchingsShepherdsHut · 31/03/2023 11:46

If it's legal for him to go in the flat you're living in, is it not legal for you to go into the villa, you say it's yours? (assume jointly owned?)

Is it legal in Spain for you to wait till he's out, get a locksmith, get your and DDs stuff.

Understand you might not want to provoke him though if he's dangerous.

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Viviennemary · 31/03/2023 11:48

If he owns the flat I expect he does have the right to enter it unkess you have an injunction to prevent this. At least you have got a good lawyer now. Decide what outcome you want and work towards that and decide what direction you want your life to take over the next few years.

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adriftabroad · 31/03/2023 12:03

@GrannyAchingsShepherdsHut this was my point to the police! Thankyou.@Iflyaway thankyou. @Viviennemary I agree,the emotional upset to his DD was horrible.He has not spoken to her for a year (not even Happy Christmas) but it is now not a legal issue but an abusive control one.

But you are exactly right and I had never considered it. But as granny says, in that case I should be able to get into my home!

It is a bloody nightmare. (He enjoys it) Seeing picture of our bedrooms that he has been in when we were absent was very horrible indeed.

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Footle · 31/03/2023 18:46

He sounds bonkers and very nasty. I hope you get the help you need.

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adriftabroad · 31/03/2023 18:57

@Footle thankyou

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newtb · 31/03/2023 19:03

If you are British you still have domicile of origin in the UK. This generally gives you the right to divorce in the UK.

Good luck

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bluejelly · 31/03/2023 19:09

I don't have any legal advice but wanted to say I'm sorry you are going through this. Can you afford to rent your own flat?

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Footle · 31/03/2023 20:01

@adriftabroad, you're welcome.

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MrsTerryPratchett · 31/03/2023 20:19

If the family home is where the possessions are, can you enter with police assistance and get DD's things?

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LemonFawn · 11/04/2024 11:12

The law in Spain on divorce seems quite different to the UK. Am i right OP?

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