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?

A landlord permits a tenant to have exclusive use of a property in exchange for rent. That is what constitutes a tenancy. It has nothing to do with 2 adult jointly owning a property.

Oh dear! I didn't mean to suggest that they had a landlord-tenant relationship at all. Only that the distinction between owning a property and it being someone else's home, is similar, and that a non-resident owner cannot just turn up and freely enter the other person's home.

For those saying the OP should not be paying him half the equity from the past 9 years as shes been paying the mortgage, surely the reasoning behind that she couldn't afford to buy him out 8 years ago. If she could, presumably he'd have had enough for a deposit for his own property, so would have been gaining equity on that rather than sinking money on rent.

Seems pretty sensible to me!

Anyway OP I think your question has been answered - yes, he's legally entitled to enter the house. Hopefully he won't be so antagonistic particularly as you have kids. Hope your divorce is sorted ASAP 🙂

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.

Yes, he can.

He isn't her landlord. He is her husband still because they haven't yet divorced. He also owns 50% of the house. It remains his house too and he has the right to reside there, whether he exercises that right or not.

With landlords and tenants there is a tenancy agreement in place and this states that except for real emergencies (life and death etc.) the landlord cannot enter the property unannounced. There must be a reasonable length of notice given. In writing. The landlord may be the owner of the property, but once a tenancy agreement is in place and a tenant in situ they have no legal right to live there. The tenant does.

Landlord and tenant agreements are not remotely the same thing as a legal marriage. There is really no comparison.

The analogy is wrong. A landlord provides a tenancy agreement, there is a contract. Of course a landlord can't walk in, the tenant pays for use of the property.

If you jointly own a property that is the contract. You own jointly, you are jointly responsible for the mortgage and legally you can't lock a joint owner out of the property as it belongs equally to both of you. It is nothing like a landlord/ tenant relationship.

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.

Ok

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

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.

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!!

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.

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.

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.

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.

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.

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.

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?! 🤣🤣

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

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

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 “ 🤬🤬🤬

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

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.