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Matrimonial home help please

Posted by kkuk 
Matrimonial home help please
September 30, 2021 05:17PM
Hi ever I am new here & hoping to get some help /answers please
I am 38 years old disabled person & currently going through divorce
I left marital home to seek m dical treatment abroad
I am due returning back next week
My soon to be ex is refusing to let me back in
Please note that the matrimonial home is in her sole name me having bad credit at that time
What I understand that ai have home rights
What do I do now
any help would be greatly appreciated
Best regards
K
Re: Matrimonial home help please
October 01, 2021 10:44AM
The answer depends upon a lot of things such as:-

1. How long you have been away.
2. Your wife's reasons for refusing you entry.
3. What alternative accommodation you would available.
4. The nature of your disability.

There may be others but these are the obvious questions.
Re: Matrimonial home help please
October 01, 2021 12:16PM
3 months I have been away, she hasn’t mentioned any reasons
I have no alternative accommodation available
Re: Matrimonial home help please
October 01, 2021 12:17PM
I am registered blind & physically impaired after a stroke since last year
Re: Matrimonial home help please
October 01, 2021 02:31PM
If you have been away for three months and during that time you were obtaining medical treatment abroad that tends to suggest you had the financial means to enable you to do that. The question is if you could accommodate yourself abroad for three months why is it that you cannot seek alternative accommodation in the UK?

That is not to say that you might not have some eventual claim to the matrimonial home. Whether you do or not depends upon factors such as how long you have been married, whether there are any dependent children, the value of the home and the size of any mortgage as well as the respective needs and resources of you and your wife.

What is reasonably clear is that you are going through a divorce, you have been away for three months and your wife does not want you back in the matrimonial home. Possibly you could obtain occupation rights by obtaining an injunction but in these circumstances a court is only going to force both of you to live under the same roof as a last resort and if it is satisfied that there really is no alternative so far as you are concerned. That is why the point I make in the first paragraph is important. Given the health situation you describe and the obvious hostility of your wife trying to force your way into the property by way of an injunction may not actually be such a wise thing for you to do.

Clearly this is an unusual situation with uncommon facts. In order to discuss it in the detail it requires and to fully explore your options there is no substitute for making a formal appointment to seek a solicitor's advice. I don't think you can reasonably be expected to go into the necessary detail on a public forum and I am not going to encourage you to do so.
Re: Matrimonial home help please
October 01, 2021 02:45PM
Thank you for your reply,
Please note that while in uk , my physiotherapy stopped, nhs saying I had reached the maximum sessions offered,
Regarding, means to go abroad, my soon to be ex had given me some(10k) money saying that this is your share
However the home is worth 150k
We have two kids
due to my disability and not being able to work I am not in a position to buy another home,
Yes, rent I could but as mentioned before I lost my vision & I knew every corner of my house by heart so could navigate somehow
Re: Matrimonial home help please
October 01, 2021 02:46PM
Length of marriage is12 years , outstanding mortgage is50k
Re: Matrimonial home help please
October 01, 2021 05:04PM
Well, if there are two dependent children and there is only about £100K equity in the house it is not going to provide for both of you if the house is sold and the equity divided equally. It is clearly more practical for the children to be looked after by your wife. Since the needs of the children come first it is quite likely that your wife will get to stay in the house with the children and that you will have to live in rented accommodation. You will not be deprived of your share of the matrimonial home but I doubt that you will be able to force a sale of the property to realise your share until the children cease to be dependent. This no doubt seems hard but a court is likely to find the notion of you and your wife sharing the property after you have divorced to be unattractive. Perhaps there will be a different outcome but this is what seems to follow from the logic of the situation.
Re: Matrimonial home help please
October 01, 2021 05:11PM
You should, incidentally, register a matrimonial homes act notice against the property until such time as there is a formal and final settlement obtained in the divorce which secures your interest.
Re: Matrimonial home help please
October 01, 2021 05:31PM
Thank you david for your detailed insight
Follow up questions are
1. Family act gives protection to both spouses to occupy the home until court makes a decision,
am I wrong in assuming that?
Re: Matrimonial home help please
October 02, 2021 02:26PM
You are wrong in assuming that, yes.
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