Is ExH entitled to enter property after all this time?

[Lollygirl15]

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?

Is he likely to try to get in or just saying about a key as leverage for his claim?

As joint owner he doesn't need a "legitimate reason" he does have right of entry.

Yes you should have divorced and sorted this out years ago as he is still joint owner and has the right to enter if he wants

I don't understand legal stuff, but is it possible he only wants a key as proof he's still invested in the hoke so he gets more of it in the divorce?

Tbf he probably has a right to a key, considering he jointly owns the home and I'm guessing you never bought him out or anything.

He is the legal owner so has the right to enter, are you looking at selling the house as part of sorting out finances?

Of course he has a right of entry, it's his house as well as yours. Why is the house staying in both names if you're paying the mortgage on your own?

You can't go off who pays the mortgage because presumably he's paid part of the mortgage when he physically lived there. And on that basis, women who live with men who pay the mortgage have no right to the home either.

Suggest he pays back 8 years of half the mortgage in exchange for the key?

Why does he want a key?

I wouldn't give him one. Legal owner or not.

Does he not also have legal right to decide to reside there again?
I know ops being paying mortgage but is she stops, they could still come to him for payment?

Of course he’s entitled to enter the property. He jointly owns it. Should have divorced years ago.

How does it make any difference to their education having the house in both names? Do they get extra points if they supply a copy of the deed or something?

Obvs not, so why didn't you sort this out years ago. You could have had the house in your name only, maybe with him having a secured loan against it if you couldn't afford to buy him out.

I hope you've agreed the split otherwise it'll be complicated trying to work out how much it's risen in value since then!

People talk about houses being ‘in joint names’ as though it’s a technically but it means co-owning the house. It’s his house as much as yours so he has a right to live there even if he wants. do get it sorted asap.

He just casually asked if he could have a spare key and I said I didn’t have one.
We decided rightly or wrongly to just sort out the house and divorce at a later date as I couldn’t afford to buy him out at the time so he stayed on the mortgage even though I’ve paid.

what I’m asking is if a locksmith is likely to agree to change a lock if he doesn’t live here? I assume he would need a land registry to prove he’s on deeds as he won’t have any paperwork and isn’t on electoral role. He can be unpredictable and arsy so it wouldn’t shock me if he’d do it just ‘because he can’

Yes they are both liable for the whole of the mortgage payments.

He had a solicitor appointment. Then when we spoke a few days later he casually said did I have a spare key

Morally no if this is the agreement and he has his own place. Legally yes he has the right if this is clearly a property you jointly own.

I wonder what has prompted this request? Something the solicitor said?

How close are you to finalising all this?

I’m putting two and two together. Maybe paranoia!

Yes that’s what I’m assuming. A couple of moths of all being finalised now.