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?

My ExH would enter the house even after 2 years of being separated and him having his own place. He’d also just turn up whenever he felt like it, park across the drive and wash his car using the water I paid for. He would enter when I was away and would go through the bedroom/my drawers. It was horrendous and there was nothing I could do as he did have the right to entry. Luckily the divorce finalised this year and we sold the house as part of the agreement. I screwed myself over with the settlement but it was worth the hit to be able to live without the worry of him turning up whenever he pleased.

I’m not sure I follow. Legally he does, but he also needs your permission? How does that work?

Your understanding is wrong. As joint owner he has the right to enter the house regardless of his current living arrangements. Unless OP gets an occupation order, he has the right to live there. He can get a locksmith to break in (but not while OP is at home). Indeed, he can break in without a locksmith provided OP is out at the time. And he can change the locks provided he gives a key to OP. He cannot exclude her from the home just as she cannot exclude him. Having said that, if he does just start turning up at random that could be harassment.

It is unlikely his solicitor has advised him to get a key. Whether he has a key makes no difference in divorce. However, his solicitor may have advised him that he has the right to have a key.

To clear up a couple of other things - as they haven't divorced, there will need to be a financial settlement. The house will go into the pot along with all other assets. If he has bought another property, that will go into the pot too. Whilst the starting point is a 50/50 split, that doesn't mean he will get 50% of the equity in the house. The fact they have been separated for 8 years and, as far as we know, he has a roof over his head is likely to reduce his share of the assets.

Someone was concerned that OP might be liable for his debts. If he has run up significant debts since separating, the courts will treat them as his. They will not make OP liable for his debts. On the contrary, the most likely outcome is that it would increase her share of the assets. To explain how that works, imagine that there are total assets of, say, £300k and he has run up £100k in debts by acting irresponsibly. The courts may take the view that, had he acted responsibly, there would be £400k available. If they decided to split the assets 50/50 (unlikely after 8 years separation), OP would get £200k leaving him with £100k plus his debts.

The OP has had the benefit of being able to live in a property that she would otherwise have not been able to afford. If the house was worth £300k with £150k equity at the time they split, she would have had to extend the mortgage to cover his half of the equity - ie a further £75k. At the same time, he has had to pay rent for 8 years - money that he will not recoup. Neither would he have been able to take out another mortgage as he already has one. He has done her a massive favour.

Sounds like a control thing. Would speak to your solicitor or alternatively go to Citizens Advice. They don't charge and have all the latest information available. TBH I would have had his nane removed from the deeds when he left. You need legal advice to proceed. Good luck.

No. You’re not required to produce proof of ownership when having your locks changed.
I’ve locked myself out twice whilst dh was out of the country (different times) and had it done while I stood on the doorstep.

OP could only remove his name from the deeds by buying him out, which she could not afford.

I divorced 3 years ago but exdh refuses to move out. In fact he refuses to discuss the divorce! He is unemployed and I work part-time- I was a SAHM for years. I am now in a position to buy him out but I know he won't go easily. I don't want to sell the house as it is close to my parents and it is in a terrible state of repair so would probably go for peanuts. Our youngest has just finished her gcses.

Is he paying bills etc if not go to Court have him evicted. Hopefully you are not cooking cleaning etc for him. I had this exact problem but once he realised I wasn't looking after him just myself he found somewhere else to live.

Speak to your solicitor. They should deal with this. Get your bank statements ready for the period you have paid mortgage, you may need them.

Yeah he has a right to enter as he has ownership on the property.

He is probably also going to try and take 50% of the value of the house .

I would find out ASAP where you stand on changing the locks legally and getting the house solely in your name through a solicitor.

If you are going through the processes now hopefully it won't be long before the house is yours. I'd try to avoid giving a key if you can but as others said technically he is entitled to it. He has likely benefited from the wait as the house will be worth more and you have paid more of the house off since you separated. Meaning more equity for him.

OK so please explain how it works legally 'remove his name' without buying him out

https://onlinelandregistry.org.uk/blog/post/how-do-i-remove-my-ex-partner-from-the-property-deeds

Legally he has right of entry and if you were away he could just change the lock himself, it is not that hard to do.

Are you in Ireland OP? I only as as removal of someone from mortgage and deeds is different to the UK and you are separated and not divorced which is more common over here in ROI than UK cos it takes forever to get a divorce through.

She’s buys him out. How else would you take ownership of someone else’s property??

When they decided that they wouldn't get divorced but neither wanted to live under the same roof, they knew that their living costs would double as they would now need to maintain two homes instead of one.

Her husband has paid the running costs of one home and she has paid the running costs of the other. Totally right and proper.

They decided to keep their main asset the house-in the hope that this would gain value by the time they decided to divorce

So of course, he is entitled to half of that asset. As a couple, they took on additional costs-two homes. It is neither here nor there which one paid the rent and which one paid the mortgage-they just split the increased costs.

This is a question for your own Solicitor

She hasn’t bought him out and states he’s a joint owner, as an owner of the property he has a right to enter. He also has to agree to the sell of the property - even if she’s buying him out - which is still technically a sale.

Which is why it’s best not to mess around arguing with people, particularly those on this forum and speak to a solicitor. Complete waste of time.

I know that? My post was in response to you advising op to ask a solicitor where she stands on getting the house in her sole name.
Like there was any way to remove someone’s property other than buying it from them.

I would also worry about the legalities of joint house when I pay the mortgage ?

Was it agreed he wouldn't have a full 50% share of the house if you've been paying the mortgage? As an owner he's entitled to key and entry, morally no. You should have settled finances years ago. I wouldn't be surprised if he's after more if you'd previously agreed things. Good luck

Yes, it seems has the right to enter his property... However, it is not respectful at all and can totally see how you feel uneasy!

He can rock up tomorrow with a suitcase and move in. He jointly owns the house. To be fair letting you live there for years with his money tied in was pretty generous and more than reasonable behavior. He didn’t have to do that and could have pushed for a sale at any time, and plenty of exes would have.
It sounds like he might be considering the future and want it sold/be bought out. This is perfectly reasonable given the divorce and financial settlement. I’d say it’s time to look to buy him out or sell sooner rather than later before it gets messy.

Getting legal advice is a priority....you are in a tricky situation as you both own & have rights over the property but you have been paying the mortgage for 8 years.