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?

I don't know what a locksmith would ask to see but I can't see that it would be difficult for him to prove he is an owner - he could get a copy of the title register quite straightforwardly or show a copy of of the deeds or a recent mortgage statement

You need to clarify with your solicitor but certainly morally he has no right of entry just as a landlord has no right to enter a tenanted property without ( emergency/ prior notice) reason. I hope you have your financial position in relation to your sole contribution to the mortgage protected but given increase in property prices it was rather silly not to have had an agreement at point of separation that his % share was limited to the value at that time.

If he purchased another property and also gained on that increase value you should argue that that is equally marriage assets.

Put bolts on the door you give him a key to and go out of the house through the other door!

People keep comparing this with the position of a landlord. The two are very different. This is the marital home. They are still married, and he is joint owner. He is entitled to enter.

OP doesn't need to argue that any home he has purchased is a marital asset. It isn't, but it will still go into the pot to be divided between them.

Don't do this. If you do, he is entitled to break down the bolted door. If you want to exclude him, the right way to do it is to get an occupation order.

We once re-possessed a company car a former employee was hanging onto. We showed the tow truck driver ownership papers and the car was hooked up straight away and taken elsewhere on our behalf.

I would be getting his name off the records.

And how exactly would you do that?