Posted on 06/23/2011 12:22:33 AM PDT by nickcarraway
A HOMEOWNER has been ordered to leave the house where he was caring for his 92-year-old mother to allow his estranged wife to move back in. Angus and Barbara Ann Fraser are fighting a legal battle over the home in the Lochaber village of Caol.
Mrs Fraser, 61, left the house the couple shared with her mother-in-law Elizabeth nine weeks ago when the pair separated, but then began a legaADVERTISEMENT
l move at Fort William Sheriff Court to return to live there.
Sheriff Douglas Small has granted an interim exclusion order against Mr Fraser, 54, banning him from the house he owns jointly with his mother.
He had also been the pensioner's night-time carer.
Sheriff Small ruled that, under the Matrimonial Homes Act, Mrs Fraser had rights to the house after the couple split. A full hearing will be held later this year.
During an earlier hearing, Mrs Fraser claimed her husband had been abusive to her and that his actions were having a detrimental impact on her health.
Her lawyer also said that when she moved back in to the house, her mother-in-law could move into a care home.
Mr Fraser, who is banned from visiting the house until a final ruling is made, is now living with a friend. He said: "The law is totally on her side and she has made accusations which are totally unfounded.
"It seems like my mother has no rights at all. Hopefully, the truth will come out at the full hearing.
"At the interim case her solicitors were talking about putting my mother into the care of the local authority and all sorts, but that's totally against her will and the wishes of her family."
Grandmother Elizabeth Fraser suffers from heart and kidney problems and needs 24-hour care. She lived at the Telford Place property with her husband until his death nine years ago.
The pensioner then invited her son to live with her and they were later joined by Barbara Ann Fraser after the couple married in 2004.
Mr Fraser's sister, Pat Cameron, who has taken over the full-time care of their mother, yesterday criticised the sheriff's decision and the legal system.
She also claimed that Mrs Fraser had been abusive to her mother who is now concerned at the possibility of her living in the house.
Mrs Cameron said: "It's the law we're really angry at here. My mother doesn't seem to have any rights whatsoever, even though she co-owns the house. She is pretty upset by all this.
"She doesn't keep well at the best of times so she could do without this, we could all do without it. My brother's wife has keys to the house and we've been told by her solicitors that she will turn up at some point, but we're sitting here at night and we don't have a clue who's going to walk in.
"My mother's terrified she's going to be left alone with the woman. She's just gone into her shell because she's so frightened.
"Her lawyer claimed in court that my mother could be put in a home when my brother's wife moved back in, but why should she?
"This is her home and she's surrounded by family who love and support her."
She added: "We just have to wait for the next court case now."
Barbara Ann Fraser was not available for comment last night.
How I love divorce law. I mean dont feminists keep wailing about equal rights? There is nothing equal in this scenario. I love the fact that historically judges have said that prenuptial agreements were corrupting what marriage was supposed to stand for. I think its divorce law that does that; prenups just limit the damage in cases of divorce where one party, the woman, is always favored.
And then feminazis get upset and cast aspersion on those of us men who have decided that marriage is basically slavery for us in the United States.
Here, it’s likely to cost the mother-in-law her life. Home care by family is far superior to care in a nursing home. Trust me. One of my best friends suffering from ALS would be dead dead dead if he was still stuck in a home, but his friends and my family have managed to get him into his own place with 24 hour care, at significant emotional, physical, and financial cost to all involved.
This has to be one of the most selfish worthless wastes of skin b####es I’ve ever read about. Although sadly I have met and do know the type...
Actually, the bad actor is always favored, although a bad actor female is favored a LOT more...
Co-owning a home with your elderly mother and being forced from it by a party with no ownership interest except by gov't edict?! Bloody hell. Property rights are completely meaningless.
As far as I'm concerned, the estranged wife, the ruling Sheriff and pricks who created this law can all go to hell.
I feel horribly for the elderly woman trapped in her own home with her monstrous daughter-in-law, a perversely legalized squatter!
Can you imagine the arrogance it takes to STEAL a home owned by your estranged husband and his elderly mother via force of government?
It shocks me! I thought, after all these years, I couldn't be shocked any longer by the depths some people are willing go!
As if men needed another excuse never to marry, here it is, delivered with ribbons and bows.
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