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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Advice re access to marital home

35 replies

speaker · 25/08/2013 22:24

My ex husband of 21 yrs moved out of our family home in March this year. He is. for now, continuing to pay our joint mortgage as he is the sole earner. Does anyone know what his rights are to access the house when I'm not home?

OP posts:

titchy · 25/08/2013 22:57

Same rights as you.

cjel · 25/08/2013 22:59

Its his house as much as yours,you could change locks if you lost the keys but he could change them back!!!

mumtobealloveragain · 26/08/2013 00:25

As the others said, he has the same rights to access the home as you do. He can use it to live in, sleep in, store his belongings in etc.

If he is violent or causing you harm then you could report to Police and try for an occupation order (I believe they are called).

You can change locks but are on shaky legal ground to do so without reasons (not wanting him to have access is not considered a good reason) and if he requested keys you would be obliged to provide him with new ones.

Is he coming and going lots or just popping in when he needs to get stuff? I'd be wary of causing to much of a stink about it given that he's paying the full mortgage repayments on a home he's no longer living in and has to pay for his own home too. He could just stop paying to spite you!

Viviennemary · 26/08/2013 00:35

I would imagine if he is continuing to pay the mortgage then it is his house so he can have access to it. Unless he is causing trouble.Why is he paying the mortgage if he's moved out.

Lonecatwithkitten · 26/08/2013 07:33

I was advised by my solicitor that whilst my ExH's name was on the deeds he was a co-owner and entitled to access (in the absence of violence). However, it was pointed out that as a woman living alone no one would criticise me for adding additional bolts to the doors for security.

STIDW · 26/08/2013 09:20

Rights of ownership need to be balanced against the rights to respect to privacy and a family a life (Article 8, Human Rights Act 1998). The property is still your home and it isn't your husband's home now, he doesn't live there anymore. If there is a valid reason why he requires access to it would be reasonable for it to be agreed at a mutually convenient time.

Joy5 · 27/08/2013 19:38

I was in the same position last year, my ex was coming into the family home when i was out.

Checked with my solicitor and ex's don't have any rights to access the family home once they've moved out and removed their belongings.

I was told it was ok to change the locks so I did. Ex wasn't happy, but there was nothing he could do.

Just because the ex might be paying maintenance does not give them the right to access the family home. My solicitor was quite adament about that.

titchy · 27/08/2013 20:00

Joy he's not paying maintenance he's paying the mortgage. He co-owns the house.

mumtobealloveragain · 27/08/2013 20:27

But Joy was you ex partner a joint owner/paying the mortgage? If not then that's why it was unreasonable of him to expect access to the former family home.

babybarrister · 27/08/2013 21:13

This reply has been deleted

Message withdrawn at poster's request.

cjel · 27/08/2013 22:00

Joy your situation is different, If joint owners , both have same rights of access.

Original poster

speaker · 28/08/2013 19:14

Thank you for all your replies.

OP posts:

Joy5 · 28/08/2013 20:40

My situation isn't different at all, my ex is still paying the mortgage but he is not allowed a key to the house. He still is a joint owner, but it isn't his home.

He still jointly own the house, but isn't allowed access with his own key any longer. That is why i changed the locks, because my solicitor told me it was ok from a legal point of view. Everyone above who says i am wrong about this, does not back up their statements by saying a solicitor has told them, they are just giving their opinions.

It is no longer his home, but he has to pay the mortgage on our family home until our youngest leaves ft education. He is not allowed to live here again, unless it is with my permission.

My solicitor told me this last year, i'm sure if the legal situation had changed my ex would have demanded access by now.

All i can say is seek legal advice yourself, rather then listen to people posting totally untrue statements.

Lonecatwithkitten · 28/08/2013 20:52

Interesting Joy my solicitor gave me exactly the opposite advice last year. She also said that only once he was off deeds would the police consider it trespass and take action.
Once the title transfer was complete she wrote to him and told him that he was no longer entitled to access and to return all keys.

Lonecatwithkitten · 28/08/2013 20:54

Joy you clearly had a financial agreement in place stating that it was no longer his home, but he had to pay the mortgage. This may be prior to critical difference.

Joy5 · 28/08/2013 21:12

I have no financial agreement at all, still discussing if thats the right word through solicitors. The financial agreement has absolutely nothing to do with the person who moves away from the family being allowed access whenever he wants to the family home!

They are not allowed to by law once they have moved away. It is no longer their home, simple as that.

cjel · 28/08/2013 21:25

Joy, One of the top solicitors in our area gave me the exact opposite advice to yours. They own the house as much as you and unless there is court orders preventing it he can come and go the same as you. If I changed the locks(or he did as he was threatening) we would both be within our rights to change them back.

You are wrong!!!!

Joy5 · 28/08/2013 21:37

I'm not wrong at all. My solicitor told me the legal facts.

They do own the house, you're right about that, but its not the same as being their home. It isn't their home.

You don't seem to know the difference, so please don't be so rude towards me.

Ex's cannot just walk into their old home. So i suggest you see just an ordinary solicitor rather then claimng a 'top solicitor', and you'll be told the same as me.

cjel · 28/08/2013 21:40

I am not being rude! You suggested we were just giving opinions and hadn't legal advice so I was responding that I had taken very good legal advice and yes you are wrong if what you have told us is all!! You can suggest what I should do all you like but you will always be wrong!!

HeliumHeart · 28/08/2013 21:45

Yes Joy you are wrong I'm afraid. Both my (highly respected) divorce lawyers, along with an experienced family law barrister friend and the District Judge I saw in court told me the same thing - if his name is on the deeds then unless I had an occupation order he would have the right to enter the house.

As another poster said though, I was gently encouraged to add additional security now that I'm living on my own with the children.

Your tone in telling everyone they are wrong, despite people clearly referring to advice from lawyers, is quite full on!

HeliumHeart · 28/08/2013 21:47

I can't believe how condescending you are being! Why do you (quite laughingly) think you're so clearly right above EVERYONE else?!

cjel · 28/08/2013 22:00

Thank you helium , Iwas beginning to doubt myself for a minute

babybarrister · 28/08/2013 22:02

This reply has been deleted

Message withdrawn at poster's request.

Lonecatwithkitten · 28/08/2013 22:07

Thank you babybarrister for clearing up this confusion and confirming to most of us that we have taken the right track. I would suspect that those of us who have had the advice you are confirming have seen family law specialists.

Joy5 · 29/08/2013 09:15

I stand by what i said, and i wasn't laughing at anything. My ex coming into my house when i wasn't expecting it, was one of the scariest things to happen to me. I wouldn't wish it on anyone.

i have no occupation order, and my ex cannot have a key to the new locks.

I don't appreciate 'bullying' comments as above, and i definately don't appreciated messages being sent privately to myself either cjel using the same tone.

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