We have a 16mth old baby but she walked out with him, not seen either for 4 weeks now i get a phone call saying she is moving back in. She cancelled all direct debits and i had to set new ones up and register as living alone to council taxation/ water etc can i stop her moving back in as i really dont want her here
2006-12-22 05:38:43 · 18 answers · asked by PLUMBER 1 in Family & Relationships ➔ Marriage & Divorce
If her name is on the mortgage or council (depending on your circumstances) books, you can't stop her I'm afraid....despite how you feel!
If you refuse her entry she can allow forcible entry to the premises as she is joint owner or assumes joint responsibility! The police will also break in for her on her instruction!
Contrary to comment above, she will not automatically get custody. The laws have changed and custody is usually given to the 'main carer'. Prove you are the main carer and you have a very good chance of keeping custody.
2006-12-22 05:49:59 · answer #1 · answered by jamand 7 · 0⤊ 0⤋
Oh heck! this is a hard one for both of you I'm afraid.
This is british law, I don't know about other countries....
If the home to which you refer was the marital home then I'm afraid you have to allow her to return. If it isn't the marital home & never was & you can prove that, then she has no rights to move back in. However, a Child is involved here & she could actually move in & then proceed to have you removed in order for her to have a home for the little one. However; that's easier said than done unless of course she could show you have been violent towards her & she fears for her life or for the life or welfare of your Child.
You clearly don't want things to return to where they once were so if she does decide to return (home) it doesn't mean you have to go back with her it just means you are obligated to ensure she has a place to stay with or without a child being involved. It's been her home as much as yours & another way needs to be found to sort this mess out ammicably.
I understand you don't want her there & I'm sure if she had somewhere else to go she would rather not be there either.
Assuming the home to which you refer is the marital home....Whether her name is on the rent book or not......she has equal rights to you dispite the fact that the marraige has broken down. No court in the land would look favourably on the fact that you are with-holding your Child the basic right to somewhere to live.
You're both going to have to find yourselves good solicitors & take it from there.
In situations such as this it's fair to assume there are always 2 sides to a story....I'm not trying to suggest that any of you are to blame more than the other, that's not my business.....
I wish you both well in getting it all sorted.
2006-12-22 07:36:24 · answer #2 · answered by Funky 6 · 0⤊ 0⤋
1) Change the locks NOW
2) Check whose name the house is in. You do not say whether you have amortgage or if it is rented. If rented get in touch wih landlord and change tenancy agreement immediately. if you have a morgage you should know whether it is in joint names (in which case see a solicitor fast and see about buying her out) if it is in your own name alone then you should not have a problem.
However, you do need to set up child supprt. if you have abank account set up a standing order into hers for the amount you want (I suggest you find out what amount Social security allows for a child and pay that so start with). I stress that you need to make a standing order and and keep your bank statements as proof that you have paid so that she cannot claim back pay from you. Good luck.
2006-12-23 04:08:25 · answer #3 · answered by D B 6 · 0⤊ 0⤋
If the house is in joint names then she is entitled to live there even if she is not paying the bills. The mortgage has to be paid or the house will be repossessed. If you have set up direct debits in your name then you and only you are liable for them whether she lives there or not. Where did she go for 4 weeks, was it an affair, if so you could divorce on the grounds of adultary.
2006-12-22 06:39:41 · answer #4 · answered by georgeygirl 5 · 0⤊ 0⤋
I don`t think that you can stop her moving back in as she is still legally your wife with a young child, you can change the locks there is no law against that.
Even though she moved out she is still entitled to a share in the home.
2006-12-23 00:02:28 · answer #5 · answered by Tatty 3 · 0⤊ 0⤋
OooOoooo...what did you do? and where is your child now? do you even know if your baby has a safe place to stay?
okay..so you don't want her back. change the locks on the house, you are not obligated to bring her back. btw...she automatically has custody. if she was smart, she would have sued you for custody and had you removed from the home by a court order. so, you can legally not allow her back....or you can allow your child a place to live. your choice.
2006-12-22 05:48:58 · answer #6 · answered by Bella 5 · 0⤊ 0⤋
if you don't want her there then don't allow her back in the house, how could someone walk out on their kids like that....if i were you i would say no...you could stop her by changing te locks an have a solicitor to deal with your divorce
2006-12-22 05:42:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Depend whos name the house is in.......
Think of the child though.You can always seek legal advise after Christmas so that your child is warm and cared for over the festive period ....and yu get to see the child
Good luck
2006-12-22 05:42:46 · answer #8 · answered by Byte 4 · 1⤊ 0⤋
Yes you can. First, change the locks. Then go see a lawyer and file for a divorce.
2006-12-22 10:57:48 · answer #9 · answered by vanndam41 1 · 0⤊ 0⤋
Change the locks hun,it's not fair,but watch she doesn't use the child against you,get a good solicitor.
2006-12-22 05:45:41 · answer #10 · answered by MANC & PROUD 6 · 0⤊ 0⤋