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Original poster

Is ExH entitled to enter property after all this time?

157 replies

Lollygirl15 · 28/11/2024 07:51

Been separated 8 years but kept family home in joint names until DC finished education. I have paid mortgage solely. He has own place and all belongings were sorted on separation so has nothing at the house. Been fairly amicable until recently but strained now as we are divorcing and sorting finances. After one of his solicitor appointments he mentioned having a key! New door was fitted a few years ago after old one broke and he has never had a key.
I understand that as joint owner he has a legal right of entry and I’d happily let him if if he had a legitimate reason but surely after all these years he can’t get a locksmith to break in or come change the lock? He has no ID for the house. Surely I have a right to family life and privacy?

OP posts:
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SilverChampagne · 06/12/2024 12:11

changeme4this · 06/12/2024 00:34

We once re-possessed a company car a former employee was hanging onto. We showed the tow truck driver ownership papers and the car was hooked up straight away and taken elsewhere on our behalf.

I would be getting his name off the records.

And how exactly would you do that?

changeme4this · 06/12/2024 00:34

We once re-possessed a company car a former employee was hanging onto. We showed the tow truck driver ownership papers and the car was hooked up straight away and taken elsewhere on our behalf.

I would be getting his name off the records.

prh47bridge · 05/12/2024 07:36

Mygrandkidsaregreat · 05/12/2024 00:49

Put bolts on the door you give him a key to and go out of the house through the other door!

Don't do this. If you do, he is entitled to break down the bolted door. If you want to exclude him, the right way to do it is to get an occupation order.

prh47bridge · 05/12/2024 07:36

Dogsbreath7 · 04/12/2024 22:18

You need to clarify with your solicitor but certainly morally he has no right of entry just as a landlord has no right to enter a tenanted property without ( emergency/ prior notice) reason. I hope you have your financial position in relation to your sole contribution to the mortgage protected but given increase in property prices it was rather silly not to have had an agreement at point of separation that his % share was limited to the value at that time.

If he purchased another property and also gained on that increase value you should argue that that is equally marriage assets.

People keep comparing this with the position of a landlord. The two are very different. This is the marital home. They are still married, and he is joint owner. He is entitled to enter.

OP doesn't need to argue that any home he has purchased is a marital asset. It isn't, but it will still go into the pot to be divided between them.

Mygrandkidsaregreat · 05/12/2024 00:49

Put bolts on the door you give him a key to and go out of the house through the other door!

Dogsbreath7 · 04/12/2024 22:18

You need to clarify with your solicitor but certainly morally he has no right of entry just as a landlord has no right to enter a tenanted property without ( emergency/ prior notice) reason. I hope you have your financial position in relation to your sole contribution to the mortgage protected but given increase in property prices it was rather silly not to have had an agreement at point of separation that his % share was limited to the value at that time.

If he purchased another property and also gained on that increase value you should argue that that is equally marriage assets.

exprecis · 04/12/2024 21:26

Lollygirl15 · 28/11/2024 08:16

I accept legally he has a right of entry. So how would he go about this? Would a locksmith change the lock on his say so if I was on holiday for example? Surely he would need to produce some sort of proof?

I don't know what a locksmith would ask to see but I can't see that it would be difficult for him to prove he is an owner - he could get a copy of the title register quite straightforwardly or show a copy of of the deeds or a recent mortgage statement

Active13 · 04/12/2024 21:19

Getting legal advice is a priority....you are in a tricky situation as you both own & have rights over the property but you have been paying the mortgage for 8 years.

Nodlikeyouwerelistening · 04/12/2024 20:57

He can rock up tomorrow with a suitcase and move in. He jointly owns the house. To be fair letting you live there for years with his money tied in was pretty generous and more than reasonable behavior. He didn’t have to do that and could have pushed for a sale at any time, and plenty of exes would have.
It sounds like he might be considering the future and want it sold/be bought out. This is perfectly reasonable given the divorce and financial settlement. I’d say it’s time to look to buy him out or sell sooner rather than later before it gets messy.

MellowSunshine · 04/12/2024 20:48

Yes, it seems has the right to enter his property... However, it is not respectful at all and can totally see how you feel uneasy!

Diddlyumptious · 04/12/2024 18:27

Was it agreed he wouldn't have a full 50% share of the house if you've been paying the mortgage? As an owner he's entitled to key and entry, morally no. You should have settled finances years ago. I wouldn't be surprised if he's after more if you'd previously agreed things. Good luck

LuckyPeachBee · 04/12/2024 16:03

I would also worry about the legalities of joint house when I pay the mortgage ?

SilverChampagne · 04/12/2024 13:43

Pherian · 04/12/2024 13:21

She hasn’t bought him out and states he’s a joint owner, as an owner of the property he has a right to enter. He also has to agree to the sell of the property - even if she’s buying him out - which is still technically a sale.

Which is why it’s best not to mess around arguing with people, particularly those on this forum and speak to a solicitor. Complete waste of time.

Edited
Show quote history

I know that? My post was in response to you advising op to ask a solicitor where she stands on getting the house in her sole name.
Like there was any way to remove someone’s property other than buying it from them.

Pherian · 04/12/2024 13:21

SilverChampagne · 04/12/2024 10:17

She’s buys him out. How else would you take ownership of someone else’s property??

Show quote history

She hasn’t bought him out and states he’s a joint owner, as an owner of the property he has a right to enter. He also has to agree to the sell of the property - even if she’s buying him out - which is still technically a sale.

Which is why it’s best not to mess around arguing with people, particularly those on this forum and speak to a solicitor. Complete waste of time.

Rustyfeet · 04/12/2024 11:25

This is a question for your own Solicitor

LifeEdit · 04/12/2024 11:14

When they decided that they wouldn't get divorced but neither wanted to live under the same roof, they knew that their living costs would double as they would now need to maintain two homes instead of one.

Her husband has paid the running costs of one home and she has paid the running costs of the other. Totally right and proper.

They decided to keep their main asset the house-in the hope that this would gain value by the time they decided to divorce

So of course, he is entitled to half of that asset. As a couple, they took on additional costs-two homes. It is neither here nor there which one paid the rent and which one paid the mortgage-they just split the increased costs.

SilverChampagne · 04/12/2024 10:17

Pherian · 04/12/2024 07:34

Yeah he has a right to enter as he has ownership on the property.

He is probably also going to try and take 50% of the value of the house .

I would find out ASAP where you stand on changing the locks legally and getting the house solely in your name through a solicitor.

She’s buys him out. How else would you take ownership of someone else’s property??

Psychoticbreak · 04/12/2024 10:13

Lollygirl15 · 28/11/2024 08:16

I accept legally he has a right of entry. So how would he go about this? Would a locksmith change the lock on his say so if I was on holiday for example? Surely he would need to produce some sort of proof?

Legally he has right of entry and if you were away he could just change the lock himself, it is not that hard to do.

Are you in Ireland OP? I only as as removal of someone from mortgage and deeds is different to the UK and you are separated and not divorced which is more common over here in ROI than UK cos it takes forever to get a divorce through.

Edingril · 04/12/2024 09:02

Dinkydo12 · 03/12/2024 23:00

Sounds like a control thing. Would speak to your solicitor or alternatively go to Citizens Advice. They don't charge and have all the latest information available. TBH I would have had his nane removed from the deeds when he left. You need legal advice to proceed. Good luck.

OK so please explain how it works legally 'remove his name' without buying him out

steponacrackbreakyourmothersback · 04/12/2024 08:33

If you are going through the processes now hopefully it won't be long before the house is yours. I'd try to avoid giving a key if you can but as others said technically he is entitled to it. He has likely benefited from the wait as the house will be worth more and you have paid more of the house off since you separated. Meaning more equity for him.

Pherian · 04/12/2024 07:34

Yeah he has a right to enter as he has ownership on the property.

He is probably also going to try and take 50% of the value of the house .

I would find out ASAP where you stand on changing the locks legally and getting the house solely in your name through a solicitor.

JollyZebra · 04/12/2024 05:51

Speak to your solicitor. They should deal with this. Get your bank statements ready for the period you have paid mortgage, you may need them.

Dinkydo12 · 04/12/2024 04:55

Is he paying bills etc if not go to Court have him evicted. Hopefully you are not cooking cleaning etc for him. I had this exact problem but once he realised I wasn't looking after him just myself he found somewhere else to live.

Manthide · 04/12/2024 04:41

I divorced 3 years ago but exdh refuses to move out. In fact he refuses to discuss the divorce! He is unemployed and I work part-time- I was a SAHM for years. I am now in a position to buy him out but I know he won't go easily. I don't want to sell the house as it is close to my parents and it is in a terrible state of repair so would probably go for peanuts. Our youngest has just finished her gcses.