Ex threatening to move back into house

[April2013]

Separated from angry volatile ex a year ago, he moved out about 6 months ago. We have kids. He is threatening to move back in - no financial settlement yet or divorce house in both names. Do I just call the police? How do I get an occupation order? Worried will happen this evening. Any advice would be amazing thanks so much.

Did you ever raise anything with the police about previous DV?

Unfortunately he has the same legal right to be in the house as you do.

Yes ring the police. Get the locks changed now if you haven't already.
Do not answer the door to him or speak to him if he comes other than to say you've called the police and firmly to go away.

Surely if it's his house too then you can't just change the locks.
I would seek legal advice.

You can ring the police but unless there's something in place or a documented history of abuse there isn't likely to be anything they can do.

You could change the locks, but equally he'd also have a right to call a locksmith to get him access.

Your best bet is going to be to telephone a solicitor.

Well OP could change the locks but he could change them again if he so chose. So I'd not waste time and money pursuing this route.

You need legal advice. You cannot keep him out of his house, same as he cannot do with you. Obviously, if he does anything illegal, you can call the police.

Ring and say what? He is trying to enter the house that is legally just as much his as it is hers?

That her abuser who has moved out due to DV is now threatening to force his way into the house against her consent and she's terrified as he's violent?

Where did OP mention violence or DV?

Assuming there's not any orders already in place, her consent is irrelevant in this instance as it's his house too. He doesn't need her consent to access his property.

She said nothing about being abused or domestic violence. He isn’t threatening to force his way in either so stop making things up. It’s his house. He doesn’t need to force his way in. He has a right to live there.

Ok well if he's no threat to her she certainly seems pretty scared.

So lie to the police?

Please do not give advice that's wrong. Her ex has as much right to be in the house as OP. Really annoys me when people like you go on about changing locks and calling police. It's not helpful.

She can’t keep him out of a house he owns in the situation she describes.

If its his house too then theres not much you can do. You cant change the locks when rightly its half his home? Has there been any DV?

Maybe. I guess I've been in DV situations and if the person came back that's what I'd do. But yeah you're right it might not be that serious.

OP, you would have to go to court and get an injunction if the house is in both your names. You would need to see a solicitor, and you need to start divorce proceedings and get your finances/home ownership/childcare situation properly tied up. If your ex simply moved out six months ago and nothing has been done since, there is nothing stopping him from coming back,

Are you paying the mortgage and bills alone, so that he can afford to rent or buy elsewhere? I very much doubt he really wants to live with you, but most people can't afford to pay for two homes, so he may not have any choice, particularly if you're dragging your feet about selling up and splitting the marital assets.

Thank you. That's kind. I do hope it's not that bad for OP but I tend to assume the worst.

I did not say that. I was giving my honest opinion on what I'd do if it was a risk of DV. And I explained why.

He is aggressive verbally and intimidating but hasn’t hit me. Getting counselling for anxiety mostly caused by him. Just treading on egg shells etc. I have appointment with solicitor coming up, he is using threat of moving back in as a way to get me to agree to a financial split i dont want. He moved into a campervan as that is what he wanted and doesn’t want to be in the house, it’s just to try and not give me any money at all/contribute to mortgage etc in the interim while we haven’t got financial settlement agreed.

we separated due to his drinking and anger.