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nicelee808

What are my rights if wife tries to get me out of the house

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Hi all.

Me and wife have split up. I'm in the home which I paid for but in her name. I'm living there with my daughter, she's 12 and wants to stay with me. Can my wife have me kicked out by the police or would she have to divorce me first.

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11 minutes ago, blackcab said:

Do you have a usufruct, a lease or any other real or contractual right to be in the property? Did you build the house before or after you married?

 

If you do not have any written rights then you are on shaky ground while your wife is on very firm ground. If you built the house after you are married you can argue that the house and perhaps the land is common property and that you have a right to be there until the divorce is finalised.

 

The problem with your position is that your wife can wait until you leave the property, close the gates and change the locks. If you try and force your way back in you will be fighting a losing battle.

 

It would be much worse if your wife was smart and she leased the property to a third party. If you forced your way back into their leased property matters could get extremely serious. Remember that people can be licensed to possess a firearm at their property to protect their life and property.

 

Up to you how hard you push, but personally I wouldn't stay where I wasn't wanted. Save your energy for the fight in Court.

 

If the Court grants you the right for your daughter to live with you then you will probably also get the right to remain in the house with your daughter until she reaches the age of 20.

I don't have anything for the house in my name or any agreement. My wife is at her mum's. The house was built around the same time as we got married. Can't remember if was before or after, was about 16 years ago

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Just now, nicelee808 said:

I don't have anything for the house in my name or any agreement. My wife is at her mum's. The house was built around the same time as we got married. Can't remember if was before or after, was about 16 years ago

I think I would win my daughter in court as I have a salary and wife doesn't, and she hates her mum

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11 minutes ago, blackcab said:

When was the land purchased?

The land was bought before we were married. But just checked the house book. Her name has always been my name so house book was made after we married. I'm on the house book as father of kids

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4 minutes ago, nicelee808 said:

Yeah it's nuts. Thought we were fine for years. But then started showing her true self

Yep, same.

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