Owner of house moved out four years ago, now threatening to come back

[TempAlias]

I've nc for this as it makes me identifiable. It is fairly long and complicated so I'll try and outline the main points.

Five years ago DH split with his XDP and she moved out into rented accommodation. She has made no financial contribution since that time.

They contacted the mortgage provider to take her off the mortgage however they were unable to do this I think because the property was in negative equity and they wanted two people to chase for payments (I'm not 100% sure on these details).

I have lived in my DH property for four years. I moved in along with my two children from a previous relationship and we have since gone on to have our own DC.

I am reluctant (and possibly unable to anyway due to credit rating) to go on the mortgage at present. I antisipate that will change in around 3-4 years once my debts are cleared.

About a year ago we contacted a solicitor to change the deeds to a tenancy in common (I think) so that DH and his XDP share 50/50 ownership.

We have no contact with his XPD however she has mental health issues and will occasionally contact us with various problems/threats.

Yesterday XDP contacted me, for unrelated issues but as usual the conversation descended into her threatening and stating that she can have keys for the property and come here whenever she wants. I didn't engage with her and that was the end of the conversation.

I was wondering what the situation actually is. I'm afraid that she may actually be correct and I need to see a solicitor asap. However in the meantime what can I do if she turns up? Can I lock her out and ring the police to remove her? She doesn't currently have a key. I have three young children and I am genuinely worried that she may be a danger to them and me. As stated she has mental health issues including being sectioned and she has also had her children removed via SS.

Sorry for the long post, I just wanted to make sure everything was covered

Well I wouldn't let her in. I wouldn't let her in even if legally I had to. But that will be part of your choice really.

For example, if own a house that I let.
While I'm entitled to check it and eventually kick the tenants out if I have good reason, I can't simply get inside without previous warning or start living there without due notice.

You reside there at the moment, and she has left and has not been a resident for years. So, I doubt she can simply show up and install herself there.
I wouldn't pay attention to her and would get legal about it just for peace of mind, at least.

Thank you everyone. I feel a bit less panicked now.

If you changed the locks, would she know?

As I mentioned earlier, the 1977 Criminal Law Act would make it an offence were she to try and force her way in if someone is in the property at the time.

This is s6 of the Act.

Offences Relating to Entering and Remaining on Property

6 Violence for securing entry.

(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—

(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and

(b)the person using or threatening the violence knows that that is the case.

[F11(1A)Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.]

(2)[F12Subject to subsection (1A) above,] the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing his entry into those premises.

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)It is immaterial for the purposes of this section—

(a)whether the violence in question is directed against the person or against property; and

(b)whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or for any other purpose.

(5)A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F14level 5 on the standard scale] or to both.

(6)A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.

(7)Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises [F15and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.].