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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:
SoNiceToComeHomeTo · 04/12/2024 00:00

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.

OP could only remove his name from the deeds by buying him out, which she could not afford.

SilverChampagne · 03/12/2024 23:06

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?

No. You’re not required to produce proof of ownership when having your locks changed.
I’ve locked myself out twice whilst dh was out of the country (different times) and had it done while I stood on the doorstep.

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.

Soontobe60 · 03/12/2024 21:35

NotBadConsidering · 28/11/2024 09:55

Why should the OP give her ex 50% of any profit gained from her paying the mortgage by herself for the last 8 years? He benefits from renting and letting her pay the mortgage. She doesn’t benefit. Any profit on the house from her sole upkeep is only 50% of what she thinks it is.

It’s the “split the equity equally” part that’s the problem. Either they sorted it at the time - too late for that now - or the equity shouldn’t be split equally based on the value added by the upkeep of the payments by the OP.

The OP has had the benefit of being able to live in a property that she would otherwise have not been able to afford. If the house was worth £300k with £150k equity at the time they split, she would have had to extend the mortgage to cover his half of the equity - ie a further £75k. At the same time, he has had to pay rent for 8 years - money that he will not recoup. Neither would he have been able to take out another mortgage as he already has one. He has done her a massive favour.

prh47bridge · 03/12/2024 21:07

KTSl1964 · 03/12/2024 19:57

Hi op my understanding is that if he has another property and a tenancy elsewhere he can't enter - he doesn't need a key - he doesn't live there - he can knock and if your in you will let him in. No key required.

Your understanding is wrong. As joint owner he has the right to enter the house regardless of his current living arrangements. Unless OP gets an occupation order, he has the right to live there. He can get a locksmith to break in (but not while OP is at home). Indeed, he can break in without a locksmith provided OP is out at the time. And he can change the locks provided he gives a key to OP. He cannot exclude her from the home just as she cannot exclude him. Having said that, if he does just start turning up at random that could be harassment.

It is unlikely his solicitor has advised him to get a key. Whether he has a key makes no difference in divorce. However, his solicitor may have advised him that he has the right to have a key.

To clear up a couple of other things - as they haven't divorced, there will need to be a financial settlement. The house will go into the pot along with all other assets. If he has bought another property, that will go into the pot too. Whilst the starting point is a 50/50 split, that doesn't mean he will get 50% of the equity in the house. The fact they have been separated for 8 years and, as far as we know, he has a roof over his head is likely to reduce his share of the assets.

Someone was concerned that OP might be liable for his debts. If he has run up significant debts since separating, the courts will treat them as his. They will not make OP liable for his debts. On the contrary, the most likely outcome is that it would increase her share of the assets. To explain how that works, imagine that there are total assets of, say, £300k and he has run up £100k in debts by acting irresponsibly. The courts may take the view that, had he acted responsibly, there would be £400k available. If they decided to split the assets 50/50 (unlikely after 8 years separation), OP would get £200k leaving him with £100k plus his debts.

MemorableTrenchcoat · 03/12/2024 21:06

orangesonatree · 03/12/2024 20:43

I was in a similar position some time ago. Had excellent solicitor who said that legally speaking he does, but without my permission it would be almost impossible for him to gain access. Especially if he has alternative accommodation.
dog your heels in. Get a good solicitor. And I mean, a really good one.

I’m not sure I follow. Legally he does, but he also needs your permission? How does that work?

Oneday24 · 03/12/2024 21:03

My ExH would enter the house even after 2 years of being separated and him having his own place. He’d also just turn up whenever he felt like it, park across the drive and wash his car using the water I paid for. He would enter when I was away and would go through the bedroom/my drawers. It was horrendous and there was nothing I could do as he did have the right to entry. Luckily the divorce finalised this year and we sold the house as part of the agreement. I screwed myself over with the settlement but it was worth the hit to be able to live without the worry of him turning up whenever he pleased.

orangesonatree · 03/12/2024 20:43

I was in a similar position some time ago. Had excellent solicitor who said that legally speaking he does, but without my permission it would be almost impossible for him to gain access. Especially if he has alternative accommodation.
dog your heels in. Get a good solicitor. And I mean, a really good one.

MyrtlethePurpleTurtle · 03/12/2024 20:39

PlanBea · 28/11/2024 08:43

When I was at university, a locksmith let me into my friend's flat - she'd locked herself out leaving her key and her insulin in the flat and had ended up having a diabetic episode. The locksmith didn't even blink, just opened the door for me and let me in (and let me pay for it with the purse sat on the sofa!)

Looking back I'm shocked he did it, but at the time it was a great help. So, yes, a locksmith would let him into a house he owns.

As well as this, if you'd been in a medical incident like a road traffic accident, your ExH would have been your legal next of kin and would be making medical decisions for you. You've been fortunate that for 8 years this delayed divorce hasn't caused a bigger issue than a spare key. I'm not saying this to upset you, but for anyone else reading who may be earlier in their split than you are.

No - this is not correct. Next of kin cannot give consent to providing or withholding medical care.

Jagoda · 03/12/2024 20:34

I got an occupancy order as part of my divorce so I didn’t experience the same as a good friend.

She came home to find XH and OW sitting on her sofa all cuddled up, having “dropped DS off early “ 🤬🤬🤬

AquaPeer · 03/12/2024 20:15

JawsCushion · 03/12/2024 19:14

What a mess. Why give him the rights as joint owner when he's no longer paying the mortgage? His percentage should have been worked out as you've been paying for eight years alone.

When I was still married and my now ex h let himself in as I was out the solicitor was furious. He talked about getting an injunction to keep him out. We were still married then. If ex comes over now, he knocks on the door even though we haven't completed on the sale yet but are divorced.

OP couldn’t afford to buy him out. OP felt the benefit of this arrangement, shes not been taken for a ride. Her exH would’ve had to pay higher interests rates (2nd mortgage) if his separate residence is owned, and presumably had to get a 2nd cash deposit from somewhere too. Or he’s been renting and completely missed out on building equity the last 8 years

Ihavesomeideas · 03/12/2024 20:14

Would he have asked kids for a key or made a copy of theirs?

AquaPeer · 03/12/2024 20:12

Princessbananahamock · 28/11/2024 09:01

A locksmith should in theory ask for proof of residency. I would not be giving my stbex a bloody key he doesn’t need it, like you mentioned he asked after seeing a solicitor funny that!
Would it not void your house insurance if someone else has a spare key.

no? What do you think your house burns down or floods and the insurance declare you’ve been uninsured for the last 8 years because you gave Mavis next door a copy of the key for emergencies?! 🤣🤣

KTSl1964 · 03/12/2024 19:57

Hi op my understanding is that if he has another property and a tenancy elsewhere he can't enter - he doesn't need a key - he doesn't live there - he can knock and if your in you will let him in. No key required.

Allyf74 · 03/12/2024 19:31

When separating you need a separation agreement so you know where you both stand even if you don't divorce right away so it's officially written. Unfortunately it makes things difficult for you now.

notamember · 03/12/2024 19:21

Speak to the bank you have the mortgage with. They can verify the account payments came from. Did you tell them 8 years ago about the separation? It might be worth requesting a new mortgage without his name on it and asking him amicably to relinquish his part in it in writing to the bank. You could change the lock if it worries you but it doesn't sound like he has an up to date key. I hope it all goes smoothly.

JawsCushion · 03/12/2024 19:14

What a mess. Why give him the rights as joint owner when he's no longer paying the mortgage? His percentage should have been worked out as you've been paying for eight years alone.

When I was still married and my now ex h let himself in as I was out the solicitor was furious. He talked about getting an injunction to keep him out. We were still married then. If ex comes over now, he knocks on the door even though we haven't completed on the sale yet but are divorced.

WhatYouPutOutComesBack · 03/12/2024 19:13

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Devon23 · 03/12/2024 19:06

Sadly I'd say he's going to let a surveyor in to value the hime and request his portion of equity. Hopefully your mortgage company will be helpful and let you pay him off and keep the house with a higher payment etc.

TwinklySquid · 03/12/2024 18:51

Does he own his own place? If you are not divorced, you could then ask for a key to his place as that could be counted as joint property.

Frazzledmama23 · 29/11/2024 22:18

its not just the shared house that rings alarm bells to me, if OP has remained married for all that time he could be racking up debts that you could end up being responsible for and if you came into any inheritance he could claim a chunk of that too!! Get rid of him ASAP!!

MistyWater · 28/11/2024 18:50

Allergictoironing · 28/11/2024 10:17

The regular outgoings of paying of the mortgage vs the exH paying rent isn't the real issue, it's the increase in value of the house. Though an argument could be made that it's just the interest on the mortgage that's equivalent to the rent, we can probably ignore that in this case.

On average, house prices have increased around 50% in the time since they split. So if the house value had been £200k split at the time they separated, they would have got £100k each. If the house is now worth £300k, they get £150k each, which is a considerable difference. But also in that time, the house will only be worth the higher amount because the OP has been maintaining the property which is a cost her exH won't have had with rentals.

So very complex trying to work out what is morally fair, even if everything stays amicable.

However, had the exH forced a sale when they first separated, he could have taken his £100k and invested it elsewhere and benefited from an increased valuation himself.

Whilst I agree that there should be some adjustment made for the additional payments OP has made since the separation, exH should still benefit from the increased valuation of his asset due to market forces.

Shouldbedoing · 28/11/2024 18:17

@Lollygirl15 It seems he has the right to enter your home, his house.

Shouldbedoing · 28/11/2024 13:42

Ok

ThanksItHasPockets · 28/11/2024 12:52

Shouldbedoing · 28/11/2024 12:36

The landlord analogy about not being able to march in without agreeing a time for it, is information I acquired during my divorce 6 years ago. It could be seen as harassment to foist himself upon the family home, regardless of ownership.

This situation is absolutely nothing like a landlord and tenant, who have a legally binding tenancy agreement and where the tenant's right to 'quiet enjoyment' of the home is enshrined in law. I'm sorry but the comparison is completely unhelpful.