unauthorised access to home

(8 Posts)
Ems1976 Sun 24-Mar-13 20:51:42

Hi all, i hope you can help. I'm currently divorcing my ex h who has moved out. He has turned very nasty but one thing I need advice on is whether he has the right to turn up and go on the property when he pleases without my permission.
I have asked him not to and asked for his keys back because a) I want my privacy b) he has previously taken property that we hadn't agreed to and c) I'm actually starting to get scared as to what he might do.

He thinks that until the transfer of ownership is settled and divorce finalised he has the right to come and go as he pleases.
Where do I stand?

Thanks

Lonecatwithkitten Sun 24-Mar-13 22:46:56

The advice I was given was that whilst his name was still on the mortgage and the deeds I could not demand the return of the keys and prevent entry. However, once his name was off the deeds and the mortgage even with keys any unauthorised entry onto the property would be regarded by the police as trespass. This is only the advice I recieved in my case it think it is important that you clarify this with legal advice yourself.

Lonecatwithkitten Sun 24-Mar-13 22:48:13

Oh it was suggested that there was nothing wrong with adding an internal bolt to the external doors to increase my security as I was alone.

thejanuarys Mon 25-Mar-13 13:17:12

If there are children involved, and things are nasty - in as much as he is threatening you or causing harm and emotional upset to you and your children you can go for a Non-Molestation Order / Occupation Order. You can apply yourself to the local court - (print forms from offline) citing that until the matter is sorted out he should not have the right to harass you / take things without negotiation. He may contest it, however, it is relatively simple to get if needed and gives you a little breathing space.

thejanuarys Mon 25-Mar-13 13:17:23

If there are children involved, and things are nasty - in as much as he is threatening you or causing harm and emotional upset to you and your children you can go for a Non-Molestation Order / Occupation Order. You can apply yourself to the local court - (print forms from offline) citing that until the matter is sorted out he should not have the right to harass you / take things without negotiation. He may contest it, however, it is relatively simple to get if needed and gives you a little breathing space.

thejanuarys Mon 25-Mar-13 13:26:29

If there are children involved, and things are nasty - in as much as he is threatening you or causing harm and emotional upset to you and your children you can go for a Non-Molestation Order / Occupation Order. You can apply yourself to the local court - (print forms from offline) citing that until the matter is sorted out he should not have the right to harass you / take things without negotiation. He may contest it, however, it is relatively simple to get if needed and gives you a little breathing space.

STIDW Mon 25-Mar-13 17:12:42

Your ex is correct in that rights of ownership means he can enter the property. However if he moved out some time ago the former matrimonial home is no longer his home, it is yours, and under human rights legislation you have the right to privacy and a family life. So if he needs access to the property, say to collect his possessions, entry should be arranged at a mutually convenient time which can be negotiated through your solicitor if you have one.

Beckamaw Tue 26-Mar-13 23:00:20

I think that if you lost the back door key, you would probably then need to change that particular lock for safety reasons. Then perhaps you would forget to tell him.
Also, being alone it makes absolute sense to have additional internal bolts for some peace of mind.
wink

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