You are both entitled to remain in the house, and neither is allowed to force the other out - you are entitled to be there unless there is a court order which says otherwise.
Your rights in relation to the hosue do not end even if you leave, and while she is entitled (as a property owner) to change the locks you are also entitled (as a property owner) to access your own property, even if this involves having to get a locksmith to do so.
That said, I am not advicating a constant stream of locksmiths. I think this first issue os to consider whether it is practical for you both to remain in the hosue. If not (and I suspect that if it is practical, you will both be more comfortable if you are not trying to live in the same house) then you need to discuss practicalities:
- How will the mortgage, and the rent of the person who moves out, be paid? You may need to discuss applying for a mortgage payment holiday, or applying to change to interest only payments
- Whether to divide up the contents of the house now, or later. If later, then it may be sensible to agree an inverntory (possibly including photos of each room) so there are no arguments about what there is/was
- How will bills on each house be paid?
- In the longer term, is the hosue going to have to be sold, and if so, is it going to be put on the maket straight away, and if so, can you agree on which agents will deal with it.
These are issues which go to the financial practicalities of one of you moving out. You may need to sit down and look at your [joint] income and outgoigns as they are now, and as they will be if one of you were to move out and start renting (taking into account any other changes which would result, such as changes in entitlement to tax credits, availability of single adult discount on council tax etc.
Adressing these practical issues may help both of you to see whether it is practical for you to move out, and may concentrate your wife'[s mind if she has been working on a nassuption that you would continue to make the same finacial contributions either way!
As your daughter is 15 she will probably decide for herself where she wants to be and how much time she will spend with each of you.
If there is any issue of vioelnce or agression then it may be open to the victim to apply for n occupation order forcing the perpetrator to leave the property. Otherwise, any order would be made as part of any final financial settlement.
It csounds as though you are at an early stage - have you tried / suggested RELATE? It might be helpful in terms of improving communication, even if you both feel that the relationship is over. You may also find
mediation helpful if you need to discuss a possible move, and the consequences of it.
If you do decide to go, do make sure you take with you anything which would be irreplcable to you (e.g. personal belongings of sentimental value, copies of family phots etc) as it can be in practical ways, difficult to get back in once you have left, even where you are legally entitled to return.
