My wife walked out 4 months ago and need some advice on the house

[street0n]

My wife still pays for half the mortgage as I can't afford it on my own but she still lets her self in and out the house when she wants, is she allowed to do this, also I want to clear her stuff out now as we are never getting back together she has already taken what she wanted but she is saying the solicitor advised her I can't touch her stuff or clear anything out, is that correct

I'm not a legal bod, but have been through similar with my now-ex. He let himself in and out for around 6 months until i finally got the keys back. Assuming she's a joint owner, i don't think you can legally exclude her unless you get an occupation order (not easy).

However - I think it's similar to landlords - they have a right of access, but it should be for a reasonable reason, and pre-agreed. Is she the kind of person you could discuss this with, and come to a compromise?

It took me threatening to move out and leave the house empty to get the keys back. He still has loads of stuff here, and whenever I am doing some tidying and find something I give it to him and he gets really huffy, like I'm trying to clear him out (he hasn't lived here for 8 months).

In terms of her stuff, I can't believe you're not allowed to touch it. i think technically she may have a right to store things? But you could pack it all into boxes, you can't be criticised for that. Ultimately you have to be able to move on with your life.

Another family member has moved out a number of years ago, but still pays the mortgage. Their compromise was that she would keep a key, but he would not give her the new code for the burgular alarm, so she couldn't come and go at will.

There's a good legal board under 'other stuff' where people are far more knowledgeable. Good luck.

If she's the owner (as well as you) then yes. You can't change the locks or she can call the police who will insist you open the doors and give her her set. She is keeping her stuff there because she has most likely been advised to do so by her solicitor. She's basically keeping a residence there without physically living there. It may be annoying but surely better than having to both live under one roof while you are getting divorced?

Sorry, but she is still the legal owner so she can do what she wants with her house.

I appreciate the emotional position is very different to the legal position and I would hope that what she wants is to sort this out asap so you can both get on with your lives; this must be a horrible way to live.

If you can't afford to pay all the mortgage, it does not seem likely that you can afford to buy out her interest, but that is one way round it. Could you contemplate taking in a lodger and trying to raise more money to buy her out? Would she sell her share to you?

If she won't then I am afraid the only other option is to sell up asap or let her buy you out.

If you damage or remove any of her stuff you could find yourself in trouble.

Best advice I think anyone can give is that you need to move forward quickly with ending the marriage and your joint ties to this property.

You can get orders to prevent even legal owners having access to their property, but you would need evidence of bad behaviour from her which I don't think exists - what she is doing is unpleasant but it does not appear from your post that she is putting you in fear of violence or harassing you etc.

has either of you started ball rolling re divorce and sorting out finances? If not, then you start. Quicker you start, quicker you can get this sorted out and put it behind you.