What Are My Rights To Occupy Matrimonial Home

heartbrokenfather
Posts: 126
Joined: Fri Dec 06, 2013 9:38 am

What Are My Rights To Occupy Matrimonial Home

Postby heartbrokenfather » Sun Apr 20, 2014 7:08 pm

Good Day All.

I am wondering if someone might be able to help me understand where I legally stand with regarding to my rights to occupy the matrimonial home.

More details on my current situation can be found in my post here: http://www.frg.org.uk/ParentsForum/viewtopic.php?f=13&t=430

Looking on Google I found this website link: http://england.shelter.org.uk/get_advice/relationship_breakdown/matrimonial_home_rights
But the above link seems to talk mostly about homes that have been brought.

The family home in question is rented from a local housing association.
My wife's name is on the housing tenancy agreement, but my name is not.
We got married in Feb 2003 and moved into the rented home in Dec 2005.

Now the problem is that Children Services and the Police are saying as I am not named on housing tenancy agreement that I have no rights to the family home at all.

My limited understanding is that as I am not on the housing tenancy agreement I might not have full rights to the family home, But I may still have limited rights.

I also just want to make it clear that it is only children's services and the police that are refusing me to return home, my wife and children all wish for me to return home.

Can you please advice what are my legal rights with regarding to occupying the matrimonial home.

Any advice you can give me would be most grateful.

Thanks for your time.

Best Regards.

ange301126
Posts: 537
Joined: Thu Nov 10, 2011 2:27 pm

Re: What Are My Rights To Occupy Matrimonial Home

Postby ange301126 » Mon Apr 21, 2014 10:00 am

Dear heartbroken, I find it very hard to believe what is happening to you.Is it some sort of sick joke? Of course you have a right to go home!

Did you attend Court on April 1st as you said? If so, please tell us all what happened and whether your solicitor addressed the issues or not? That was your chance, surely.

ange301126
Posts: 537
Joined: Thu Nov 10, 2011 2:27 pm

Re: What Are My Rights To Occupy Matrimonial Home

Postby ange301126 » Mon Apr 21, 2014 12:11 pm

Dear heartbrokenfather, I would add that no-one can part you from your family,not police,social worker or anyone else except by order of a court.Criminal charges have been brought and the Court has the power to gaol you or set bail conditions precluding you from home if you are a danger to your family.
Just to test their integrity arrange to meet your wife at the housing office a.s.a.p, and have your name put on the lease; it won't take long.

heartbrokenfather
Posts: 126
Joined: Fri Dec 06, 2013 9:38 am

Re: What Are My Rights To Occupy Matrimonial Home

Postby heartbrokenfather » Tue Apr 22, 2014 3:33 pm

ange301126: Thanks for your reply.

I wish this was some kind of sick joke, but sadly not, it's nothing short of a f*****g nightmare.

Yes I did attend court, I don't want this post going off topic, so I will be updating my other post with more details when I have more time to sit down and type it all up.

But once again no bail conditions, court orders, or injunctions are in place.

As said before in my other post at each contact session all of the children have expressed there wishes for me to return back home, No that's wrong they have begged me to return back home.
I also know that my wife also wants me to return back home.

It is only the police and children's services that are currently refusing to let me return back home.
And I have been threatened that if I have contact with the children or return to the family home, that the children will be taken into care.

I just don't know what to do, and the last thing I want to do, is do or say anything that might put the children at risk of being taken away.

At this point in time both my wife and I just don't know who to turn to or what to do.

Thanks for your time.

Best Regards.

User avatar
Suzie, FRG Adviser
Posts: 2088
Joined: Mon Jul 04, 2011 2:57 pm

Re: What Are My Rights To Occupy Matrimonial Home

Postby Suzie, FRG Adviser » Wed Apr 23, 2014 4:32 pm

I can see how frustrating this situation is to you. However, children services and the police seem to have said quite clearly that they do not want you to reunite with your family at this point in time-due to possible risks of harm to your children.

If you do, they have warned, they will consider removing your children from Mum-on the basis that she cannot protect them from you.

Returning home at this stage, may risk children services removing your children into care.


Instead, I advise that you continue to cooperate, even though it is very difficult.

Why don’t you ask the police and children services to put in writing:
• the timescales for when any decision about your return home might be made,
• Is the decision dependent on the outcome of a court case?
• If you are assessed as being a risk, what support or programmes could you attend to reduce any alleged risk to your children?

Unfortunately, we are not in a position to advise you about your rights of occupation in the family home.
You could speak to your solicitor, the housing association or you could get in touch with Shelter or the CAB.

Best wishes,
Suzie

ange301126
Posts: 537
Joined: Thu Nov 10, 2011 2:27 pm

Re: What Are My Rights To Occupy Matrimonial Home

Postby ange301126 » Wed Apr 23, 2014 7:30 pm

Dear heartbrokenfather, as Suzie says all you can do is consult a solicitor in what is a difficult situation. You have coperated so far, I presume this was on his advice.
so you may as well go on with it. I have noticed a trend. When there is no evidence to warrant emergency removal order, someone,we don't know who, of course, makes allegations to the Police who bail a person without conditions.

Apart from yourself, there are two other cases like yours currently on the forums. Anxious and gemsmom. Anxious and her husband have cooperated with separation reluctantly like you and like you the children are still at home.Gemsmom didn't and her children are now in care. So for your children's sake ,you are probably right to cooperate.

Do as Suzie says and see your solicitor but if I was you I would tell him to pull his socks up and get some action. The interesting thing is that if it eventually turns out that criminal charges are dropped what happens then? Will you be compensated? Will gemsmom get her children back if her and her now ex- partner both get cleared in court? I doubt it but at least you will still have your kids because you have cooperated and saved them a lot of trauma.Good luck.


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