URGENT... can husband change locks to the house we jointly own?

[sleepyhead2]

My soon to be ex-husband has informed me today that he has acted on the advice from his barrister and changed the locks to the house we jointly own. Can he legally do that? I find it hard to believe that he can. Other bits of info that may be relevant...

• I moved myself and my children out of the marital home four years ago
• We currently face homelessness, as my landlady has issued a section 21 notice stating that we need to vacate our rented property by 21/4/15 and I've been unable to secure alternative accommodation
• Husband has stated that he wants the settlement of houses/finances to be tied to a divorce settlement

Any insight appreciated.

Your STBX can change the locks and you can do what damage is necessary to access your home (if you choose to criminally damage your own property that is a matter for you ) BUT both courses of action are pretty unnecessary and inflammatory. Do you actually have any need to enter the property? Has he done this in response to saying that you intend to move back in to the house? If you genuinely need to move back in then you need to seek legal advice ASAP about obtaining an occupation order to allow you live in the property. Four years from separation is quite a long time to still not have finalised financial matters? How far down the line are you with that? Who is meeting the mortgage payments (if any) on the home. You could try telling him that by him barring you from the house you consider that he is now liable for occupational rent ( though in reality this is usually offset by the other person making the total mortgage payment). Basically it is no big deal unless you really need to move back in. If that is the case you need urgent legal advice about an occupation order.

It wouldn't be criminal damage for you to force reasonable entry to your own home (although it would be an offence for you to do so if someone is in the house who does not want you to enter).

I am satisfied that you would get an occupation order to force him to allow you back in to the house. It's not as if you want to return there. However circumstances have meant that you're left with no alternative.

I had a client a few years ago who left the country for over a year, but then returned and needed to move back in. Husband had changed the locks so she applied for an occupation order. The judge initially refused her application, saying that because she'd moved out for a length of time she should find somewhere else to live.

She appealed, and was successful on the appeal. He had to allow her to return. There had been no violence.

Thanks for your reply. Roughly, how long would it take for an occupation order to go through?

Thanks for your reply. I have a genuine need to return to the property. I've not been able to find an alternative and this is/was my only option. We've have a history of periods of reconciliation, which is why matters haven't been finalised before. Neither one of us has filed yet, but he plans to as soon as he gets all the paperwork in order.

Oops, thought I was replying to each individual post. Doh!

You should expect that within 4-6 weeks of issuing you'd have a final order, though that depends a lot on the court so your solicitor should be able to advise you. Earlier than that if an order is made at the first hearing.