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?

This, op do you not see this

I’d be less worried about him popping in and more worried about him using it to take possession, which he’d be legally entitled to do as co-owner.

OP you need to ignore these sorts of deranged answers, it’s emotional claptrap coming from a place of ignorance unfortunately.

Yes, he legally has a right of entry.

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 said I didn’t and it wasn’t mentioned agsin. It just concerned me

Yes legally he can get a locksmith to force entry. A friend of mine’s ex did it to her while she was in hospital.

Strictly speaking in law you are not supposed to change the locks and not give the other owner a key.

It's the reason it is not recommended that you do this when separating or divorcing.

However it is a civil rather than a criminal matter and so the police are generally not interested (unless there is a full on row/fight going on outside the house in which case breach of the peace might apply).

If you have changed the locks and not given him a key then strictly speaking you are in the wrong.

Yes he could come with a locksmith and change the locks. You would need to seek redress in a civil court case. (As you would be being prevented from having access to property that you have ownership rights over).

More generally, you are in a very vulnerable legal position and in your shoes I would be changing that quickly.

My exH refused to let me have a key to our jointly owned home when we were separated. Outrageous behaviour. He ignored all my solicitor letters to give me a key. In the end it was costing me more to continually write to him.
Legally your DH can get a locksmith to come and change the locks on the door, it’s his house.
On divorce everything is split which puts you at risk, as technically your house goes into the pot, whether you’ve been paying the mortgage on your own or not.
I’d get a solicitor to give you advice on keeping the family home if that’s what you want.

Yes correct. Was a very casual comment

Legally he can move back in if he wants. Yes a locksmith would open the door for him. His on the deeds that’s what £3 to download online simple. How do you think landlords get back into properties where tenants have left but changed the locks. Locksmith as a legal owner

My friend went through this, very similar circumstances but no divorce.
She would sometimes find him sitting on the sofa with his feet up watching sky sports eating her food.
Horrible situation but the law nonetheless.
As for changing the locks whilst you're away, ask your solicitor.
If you are going away before you get a chance, remove anything from the house you don't want him to have or see.
You put yourself in a terrible position if he manages to change the locks because you haven't given a key though. You could find yourself royally inconvenienced to get back in.

Nope, he can wait at the door and the locksmith will change the locks.

You need an Occupancy Order and to change the locks if you don't trust he won't use his right of ownership against you.

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

We’ve had licks changed in every new place we’ve been in. Never once had a locksmith ask DH/myself (whoever was there at the time) for any proof of ownership. Crazy when thinking about it, but it is what it is I guess.

I assume you were in the house though with an open door?

I have never had to provide proof of ownership to a locksmith and as the landlord owner of several properties plus the one I live in I have had a fair few locks changed.

I did already have access to those properties with the existing keys though. I wasn't outside asking them to break in. I would hope they would be a bit more wary if someone was doing that.

However, you should ideally have sorted this out eight years ago, but you know that now. Your ex does have a legitimate reason - he is a joint owner, like it or not. His solicitor could, I believe, compel you to supply a key and you wouldn't have a leg to stand on if you wanted to refuse.

This is what I think. Unless there is some kind of formal agreement he retains the right to have a key and enter the property if he still owns half.

Yes he could legally change the locks (just like you did). You would be entitled to a copy of the new one (like he is). You'd also be entitled to change the locks again after he does. You both own the property, you both have the same legal rights. Who has been paying the mortgage is irrelevant, who has been living there is irrelevant too. You both have equal rights to access the property.

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.

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.

So you’ve been paying the mortgage on your own for the last 8 years, and you’re about to finally get around to sorting out the house. In what way? Will you take ownership? Or will you sell and he will get 50% of any profit?

I've had to call a locksmith a few times and I've never been asked for proof I live in the property. They've just done the job and gotten paid.

I think I would check with the solicitor.

Have you spoken/formalised what percentage of the equity each party will get on the sale of the house?