Moving back in

[Happytosmile68]

Very briefly, husband is living in rented accommodation, I am still in the house, he still owns half whilst we sort out finances. Decree nisi is through but finances are taking some time. He threatened to move back in yesterday!!! I know it's just a threat but what are my rights? Also, he just tells me when he's coming round to collect something. I can tell him it's not convenient and to come another time if it's not convenient?

I'm not sure tbh, it's still partly his house I guess? Does he have a key? Is it ok to come collect things when you are not there? If it is inconvenient for you for a good reason then I think he needs to listen, but I'm not sure about legal rights.

If he is still on the mortgage and the deeds you can not refuse him entry unless there is a history of violence.
One piece of advice I was given is that as a woman alone it would not be unreasonable to add an internal bolt to your doors for added security at night.

Thanks for replies. When I said he tells me he's coming round, he literally just tells me & turns up. I have no choice. Last week it was his night to have the children but just turned up on the doorstep at 7pm with them saying he wanted to discuss house insurance. When I said I didn't want to, he said he had to come into the house to collect something.

Just try reversing the answers in your post to you wanting to get into your own house and you'll see you're being a bit unfair. You both own this house. You both have a right to live in it. We stayed in the same house until decree absolute, property transfer, cash transfers, court consent order sealed etc etc. Why should one of the couple have to move out when the other doesn't?

It was his decision to move out. No problem him picking up stuff at a mutually convenient time but I can't turn up on his doorstep whenever I want.

That's not the law. If someone moves out they can move back in just as if a wife moves out to her mother's for a week or however long she has a right to return.

Hi,

Legally he is entitled to move back in.

The only way to prevent it is to apply for an occupation order of the marital home.

However, this needs to be based on fear of harm / safety etc which is sufficiently evidenced. Not wanting him to move back in will not be sufficient.

Hope this clarifies

McKenzie Friend Phil

Ps It is very very bad advice to suggest changing the locks.

By doing so matters can quickly escalate into significant confrontation and further deterioration of already fragile relationships. Ultimately by changing the locks you will lose as you are denying him his legal right of access. If the matter of access was to go to court this will be held against you and you could be liable for full costs including his legal fees.

The law is there to protect individual rights and not to support those who think they can act in an arbitrary manner.

The ONLY exception could be if the Police or other Safeguarding Agency have recommended that locks are changed due to the threat of domestic violence or child abuse. In any event if this is the case then you should seek an occupation order from the court.

Regards

McKenzie Friend Phil