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AIBU?

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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:
NewGreenDuck · 28/11/2024 10:10

Can no one think of any good reason why a person might not want to gain entry to a property that s/he jointly owns?
I'm not making any judgment here but don't you think that if, finally, the divorce is being finalised then ensuring that the property is in a good state of repair might not be one?
OP, I'm not suggesting that you have done anything amiss BTW, but some would neglect a property on purpose.

Iamnotalemming · 28/11/2024 10:06

A locksmith shouldn't force entry by changing locks on a closed door without ID and evidence of residence.
If you are feeling paranoid you could get one of those doorbells that alerts you to movement so you are aware if he tried anything batshit.
Good luck finalising everything.

Mumofoneandone · 28/11/2024 10:02

If he hasn't been paying any mortgage for the last 8 years, surely that needs to be taken into account when you agree a settlement.
Also, I would be a bit concerned about him suddenly wanting a key to the property. Can't see any reason for him to need one!

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.

AConcernedCitizen · 28/11/2024 09:50

OP, has anything else happened/been said that caused you to make the leap from "Do you have a spare key?" to thinking you're going to come home to your locks changed?

Could it have been innocent?

SoNiceToComeHomeTo · 28/11/2024 09:36

HappyTwo · 28/11/2024 09:24

Why have you soley been paying the mortgage on something he owns jointly?

Because she’s been living there. He’s paying rent elsewhere

MyHangryWriter · 28/11/2024 09:35

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TheSilkWorm · 28/11/2024 09:34

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It's not about morality. She's been paying into the equity of the house every month in her mortgage payments. 50% of the capital should have been paid by him, if he expected to receive 50% of the equity. As it is, she's paid his half for him and should therefore keep that part.

However this is why it's foolish to leave financial agreements for years. This should have been sorted when they split.

MyHangryWriter · 28/11/2024 09:30

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TheSilkWorm · 28/11/2024 09:29

researchers3 · 28/11/2024 08:58

Helpful!

It might be helpful to anyone else who is considering paying half their spouse's asset for 8 years then giving him equal shares of the equity!

MyHangryWriter · 28/11/2024 09:28

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MyHangryWriter · 28/11/2024 09:27

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HappyTwo · 28/11/2024 09:24

Why have you soley been paying the mortgage on something he owns jointly?

Edingril · 28/11/2024 09:21

How on earth have people managed to reach adulthood without knowing a basic thing like this?

Edingril · 28/11/2024 09:19

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So why has that go to do anything you don't just lose rights to a house you half own

SoNiceToComeHomeTo · 28/11/2024 09:16

Ceeceele · 28/11/2024 09:06

Would it not void your house insurance if someone else has a spare key.
Clear quote

?

i would think that the insurance company would have asked if the property is jointly owned when the policy was bought.
Damage deliberately done by a key holder may not be covered but giving someone a spare key is sensible and would not void the insurance.

NotBadConsidering · 28/11/2024 09:13

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Why does that matter? He’s still better off isn’t he? The only way he wouldn’t be is if 8 years’ worth of rent adds up to more than 50% value of the profit on their house. And any value rise in the house over the last 8 years is solely because the OP has continued to pay the mortgage on it while its value increased over that time.

Ceeceele · 28/11/2024 09:06

Would it not void your house insurance if someone else has a spare key.
Clear quote

?

MyHangryWriter · 28/11/2024 09:04

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MyHangryWriter · 28/11/2024 09:04

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SoNiceToComeHomeTo · 28/11/2024 09:04

Allergictoironing · 28/11/2024 08:41

This is the bit that concerns me - if everything was agreed informally when you split with nothing in writing, he may be able to claim half the current value of the house with no allowance being made for the 8 years you've been paying the mortgage on your own. You really need to discuss this aspect with your own solicitor.

I would think this is the case, that the split would still be 50 50. But OP has been living there while Ex has been paying rent so arguably that is fair.

MyHangryWriter · 28/11/2024 09:03

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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.

Tumbler2121 · 28/11/2024 09:00

Take this as a warning not to believe anything he says, in particular “my solicitor says”. It’s as likely to be a man down the pub.

he may well be looking for half the equity, although you’ve paid the mortgage all this time.

Ceeceele · 28/11/2024 09:00

If he’s unpredictable as you’ve just described why stay married while he jointly owns your only place of residence - yes of course he has right of entry which has nothing to do with electoral roll. Make this your most important task to fix