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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

STBX has locked me out of house!

20 replies

newlife22 · 19/02/2020 17:53

My ex and I have been separated since December 2018 and I moved out August 2019.
He has now refused me entry to our marital home which I am joint owner of. He has locked the door with a key that I do not have access to.
Is this allowed? I have possesions in the house. Also he refuses to sign the contract to put the house on the market.
Can I do anything?????

OP posts:

Purplewithred · 19/02/2020 17:57

Are you taking legal advice? what does your solicitor say?

Quartz2208 · 19/02/2020 17:59

Yes but you will need legal advice and start the legal process

NotSuchASmugMarriedNow1 · 19/02/2020 18:01

Can you make arrangements with him to collect the rest of your possessions. ?

NotSuchASmugMarriedNow1 · 19/02/2020 18:03

You'll need a court order to get him to sell the house unfortunately

EggysMom · 19/02/2020 18:11

You have a right to access the house. You could ask the Police to accompany you whilst you go there, but I'm not sure what reaction you'd get. In theory you could get a Locksmith out to force access. However if you don't need immediate access, the best and calmest approach would be for your Solicitor to tell him/his Solicitor that he needs to enable your access until such time as you no longer have any formal interest in the house.

ibrarrashid · 17/02/2021 16:11

If you are a joint owner and your name is on the land registry you have full rights to enter the property by using a locksmith and make sure the police are with you. However, if he has an injunction against you then you will need to go through a solicitor. which I very much doubt as it is very hard to prove to the courts for violence or threats unless there are children involved. I have read an article which could help you www.londoneastlocksmith.co.uk/your-rights-if-your-partner-wants-you-to-move-out/. I hope this helps but get advice by your solicitor.

ibrarrashid · 17/02/2021 16:17

also, I am a father of two boys and I don't wish anything like this upon anyone. It is hard but it's also a long haul especially if there is an injunction. Make sure the police have their cameras switched on just to be on the safe side or invest in a bodycam for yourself when entering the property. you do not want any false accusations against you as this gives the other party an upper hand in court.
good luck newlife22

HosannainExcelSheets · 17/02/2021 16:20

I'd take extreme care here. Your right to enter diminishes over time. If you want to go in and get possessions, then you should make an appointment to do that. Either via solicitor or directly with your ex.

Don't try to force entry unless you exhausted all other options first.

Snowymcsnowsony · 17/02/2021 16:22

I was told I had to make arrangements to collect stuff. I didn't bother.
About 10 years later I used a key and went in. Exh didn't report me.
Google says you can enter by force but need to make good a lock.. Ring the police for advice op.. Maybe a pcso could meet you there.

blackcurrantjam · 17/02/2021 17:01

You moved out 18 months ago? Tbh I'm kind of not surprised. Technically you have a right to entry but he does have a right to privacy and there are countless women on here who changed the locks pretty quickly. Why didn't you get your possessions earlier . Your options are mediation/court tbh. He might get a rap on the knuckles for it but you moved out so long ago, expecting a key / access is a bit unreasonable.

ibrarrashid · 17/02/2021 17:35

Well said mediation is a good way of resolving things first. And of course sorting everything out amicably. But you still have the right to enter with the police if there is no court order and no occupation order. Because you own the property according to the land registry

Blushingm · 18/02/2021 07:47

You have a right to enter but he also has the right to a secure hone & privacy. Get legal advice

Vintagevixen · 23/02/2021 11:50

No this is not right - as joint owner you have a right of entry as it is your house too. You can also use a locksmith to forces entry. I know because I had issues with XP and spoke to a solicitor about this.

My XP also refused to sell the house or move out of the house leaving us having to live together for 3 years after the split (nightmare!) - you need to go to court and get an order to force the sale I'm afraid, courts usually start from a 50;50 split on any equity.

Start the process now - it takes time. You need it sold and your name off the mortgage etc because if he defaults on the mortgage etc it affects your credit score.

As others have said - solicitor now! He only has a right to privacy if it was agreed in any court order re.divorce etc. Technically you could move back into the house tomorrow because its as much yours as his.

Vintagevixen · 23/02/2021 11:55

Good luck - you have all my sympathies, the whole process was horrendous for me but I am through it now thank god and I stood up for MY rights in the home I half owned.

It is not being unreasonable to expect access or a key - it is half YOUR home, never forget that.

ProseccoThyme · 23/02/2021 12:00

@Vintagevixen - do you mind me asking how much it cost to force the sale of the house?

I've had to live with ex-p for 18m now & think he might go on to redundancy consultation soon. So I may have to go to the courts to force the sale.

adiudicium · 23/02/2021 13:03

I was in the opposite situation where STBX was saying he had a right to "be in the house" whenever he wanted so I took legal advice. Suggest you do that too. If you wish to retrieve your possessions you can request a time/date to do that and he should not refuse. If he does then you would be best using a solicitor to pursue your right to retrieve possessions. Forcing entry is a last resort and you would have to make good any damage. But there are two issues here which are somewhat separate. As co-owner you have a right of occupation, and should you choose could move back in to live there. But once you have moved out and have no intention of living there with your STBX, then his right to "the quiet enjoyment of his home" means that trying to enter without his agreement and without intending to live there could infringe that right. I was told that no-one to my solicitor's knowledge had ever gone to court to get the locks changed back to allow them unlimited access as no judge would consider this right as over-riding the other party's right to their privacy. Also forcing a house sale needs court approval and they would be unlikely to grant it unless all legal negotiations/mediation etc had already been exhausted. It is also a lengthy and expensive process. So your best bet is to negotiate access for collection of possessions, get advice from a solicitor and start formal financial negotiations for a settlement.

Vintagevixen · 23/02/2021 17:43

[quote ProseccoThyme]@Vintagevixen - do you mind me asking how much it cost to force the sale of the house?

I've had to live with ex-p for 18m now & think he might go on to redundancy consultation soon. So I may have to go to the courts to force the sale.[/quote]
@ProseccoThyme mine was probably about £2000 - cost of solicitors, application to court and my barrister was around £900 though that was a few years ago now and (apparently!) that was a deal according to my solicitor.

Mine was reasonably clear cut as we had a DD, so the judge ordered my ex to make an agreement to sell as it was clear it was in her best interests, but according to my solicitor at the time property law is quite clear cut even if there were no children.

The problem comes when XP cooperates, then doesn't, then cooperates, then doesn't! Unfortunately they can be difficult and block viewings, or refuse to cooperate or sometimes even refuse to sign the contracts. That necessitates a visit back to court so the court can sign on his behalf etc. Luckily I just managed to avoid this and he did sign in the end.

You have my sympathies - my XP was horrendous and I wouldn't wish the same on anyone.

Vintagevixen · 23/02/2021 17:51

And just to add - yes, you have to show evidence that you have tried to settle with mediation etc before you go to court. In my case I had to make appointments, go etc but XP refused to go.

The mediation service then provided me with a signed document to say he had refused negotiation/mediation and then you can start court proceedings. They won't allow you to even file with the court until you have these documents from a proper mediation service.

So start the process ASAP, it took time even when I did it and I'm sure with Covid etc it takes even longer now.

Loveacoseynightin · 23/02/2021 22:23

I find this very interesting because if it was a bloke doing this and entering the property whenever he wanted this would be looked at very differently

Vintagevixen · 23/02/2021 22:43

@Loveacoseynightin

I find this very interesting because if it was a bloke doing this and entering the property whenever he wanted this would be looked at very differently

He needs to sign the contract and sell the house then. He is being controlling by not doing this - by the sounds of it he has not engaged in any mediation or attempts to resolve the situation. OP remains intrinsically linked to him and risking her credit history all because he will not mediate or come to agreement.

The fact remains the house belongs equally to them, if she lost her current accommodation and had to move back in no policeman could stop her - her name is on the land registry as co-owner.

Any woman doing the same as OP's ex-husband I would also mark as controlling.

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