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Need some quick advice for friend re changing locks

6 replies

MrsZoidberg · 31/07/2012 21:45

I'm sure I've read somewhere that you cannot just change the locks to keep a marital partner out, but this is slightly more complicated.

My friend lives in a house owned by her and her exH. It was an amicable split, he's happy for her to stay in marital home so the 3 kids are safe, etc.

Fast forward a couple of years. My friend meets someone. They wanted to get married etc but he wasn't earning enough to buy a house with my friend, so it was agreed by all parties that he could move into her home. They've now been married just over 4 years.

Last month he just dropped a bombshell that he was leaving. Various reasons given but it's pretty final. He moved out 2 weeks ago. Last night she got home from work and is fairly certain he's been in the house. Her private papers look rifled through, some drawers have been moved about etc. He has some belongings left in the house, which he will collect when he has rented somewhere, but did agree to contact her first. They're still there.

As there was violence involved in all this, she's now worried he'll come back when she's there (there's been threats)

So here's my question, as he voluntarily left, and as he doesn't have any stake in the house, is she allowed to change the locks?

OP posts:
babybarrister · 31/07/2012 22:14

This reply has been deleted

Message withdrawn at poster's request.

izzyizin · 31/07/2012 22:23

Accidents happen... keys get broken in locks which may necessitate immediate replacement and it's not always possible to supply new keys to all those legally entitled to enter the property at the time of replacement.

If your friend finds herself in the unfortunate position of having to change her entry door locks due to accidental damage, I would suggest that she keeps any new duplicate keys on her person in a safe place unless ordered to supply them to another party by a Court of Law.

MrsZoidberg · 01/08/2012 10:38

Thank you. Unfortunately thats what I thought BB - at what point can you change the locks then? Do you have to wait until the divorce or something like that?

Izzy, now you come to mention it. my friend is VERY accident prone, forever breaking things Grin

OP posts:
LittlePushka · 01/08/2012 10:55

Izzyin, that happens alot where I come from you know,...

Oh well, never mind.

And if the lock is damaged it wants replacing immediately, DC would be at risk from those horrid burglar types don't you know.

solidgoldbrass · 01/08/2012 10:58

Change them straight away and apply for an occupation order/non-molestation order on the grounds of the violence.
It is, technically, illegal to lock someone out of a home s/he has ordinarily got the right to occupy but most police, courts etc take a reasonable attitude to women doing this in order to keep out a dangerous partner while waiting for the court orders to come through.

MOSagain · 01/08/2012 11:20

Agree with Babybarrister, no matter what, she cannot just change the locks and if she does, he is entitled to have a new key provided to him.
If there has been violence and she is in fear of her safety, then she does need to consider applying to the Court for an Occupation Order and Non-molestation order.

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