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?

Has he been renting in the last 8 years? I mean part of me feels like he may have been paying loads of money in rent, you have been paying the mortgage, but he gets nothing from the house. Not sure that's fair.

I’ve never been asked for any proof of ownership, I had to get the locks changed on our house a few weeks after we moved in because we only had 2 keys, DH had his and was away with work and I’d lost mine when I’d been out so no open doors and wasn’t asked for any proof

Of course he can enter the property when he wants.
Of course he could have the locks changed while he still owns the property.
Unless there is an order from the court that will be the legal position.
If the situation was that you had moved out would you see it differently?

Thanks for all the advice on legalities. For those interested the equity is going to be split equally - all agreed on separation. Both happy with this. I am probably just being paranoid about the key but wanted to check the situation and will also speak with solicitor. Thanks again

You’ve been paying for 8 years’ worth of the mortgage on your own and he’s going to get half the value of the house?! Are you giving him a kidney too?!

Quibbling about a key seems trivial, to be honest.

Surely you don't mean splitting the equity equally when you have been paying the mortgage on your own for eight years?

Helpful!

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

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.

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.

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.

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

?

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.

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.

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

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

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

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!

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.