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Separation - legal advice needed re: H turning up at 'unreasonable' hours.

(6 Posts)
ViVee Fri 10-Jun-11 12:34:24

H & I are separated - not formally. Is there anything (legal) I can do to stop him from letting himself into the house when he pleases?

The house is jointly owned, he says he has the right to be here whenever he pleases. Unfortunately this means that he is now arriving at 6.30am & waking the children. I fear that this will get earlier & earlier.

He's never lived here 'officially', he isn't on the electoral roll for this address.

What rights do I have?

cestlavielife Fri 10-Jun-11 12:54:53

you could get an occupation order. speak to a solicitor.

but appeal to his better nature?

nocake Fri 10-Jun-11 13:04:16

When you say that he hasn't lived there "officially" do you mean that he doesn't have any possessions at the house?

It's a grey area but some people say that you can change the locks because he no longer lives there. My ex did that when I moved out and I got a letter from her solicitor saying that she'd done it (not that I cared very much). You could add an extra lock to the door and not give him a key. Or tell him that you lost your house keys and had to change the locks, then don't give him a new key.

If he went to court to try and force access they would probably side with you as he doesn't live there and you're entitled to your privacy.

sparks Fri 10-Jun-11 13:11:18

Is there a particular reason you are not divorcing?

Collaborate Fri 10-Jun-11 13:39:04

You have the right to lock it with the mortice lock, leaving the key in the door. He won't be able to get in then, and if he forces his way in he's committied an offence under the Crime Act 1977.

He has the right to apply to the court for an occupation order, which would theoretically mean you would have to allow him in, but I don't think he'd get it.

ViVee Fri 10-Jun-11 15:14:21

thank you so much for your advice.

sparks - i'm too bloody scared to go for divorce at the moment.

cestlavie - he doesn't have 'a better nature'

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