Carer of 92-year-old ordered to leave house for estranged wife

Published on Wednesday 22 June 2011 18:40

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 legal 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.