Pack his bags, leave them on the doorstep and bolt the door - legal implications?

[BadLad]

I often see this, or a version of it, given as advice to women on here whose husbands have had an affair, or done something else.

What would the legal ramifications be, assuming they both owned the joint property? For the wife for doing so, and for the husband if he tried to force his way back in (not violently, but, say, broke a window, opened it and came back in?

I thought this might be useful information to know since the suggestion is made quite often.

Anyone know?

You can throw his stuff out and bolt the door. Equally he can break in and take his stuff back in the house.

If the house is jointly owned or in joint names both people have a legal right to be there. If he was violent in his attempts to get back in I suppose you could ask the police to remove him, and while they might for that night, you would need a court injunction to stop him returning after that.

So while the advice given on here so often sounds great (and dramatic!) in reality it simply doesn't work like that. After all if the house is half his, he has as much right to be there as you do.
If it were possible to simply leave someones things outside and lock the door, it could just as easily be the woman (and kids possibly) on the wrong end of it. Imagine the horror all around if that were legally OK.

Legally is quite a different thing to pragmatism. For things to have got to the stage where someone is packing bags and bolting doors, let alone breaking windows and forcibly re-entering a house, we're already in an impulsive, irrational, confrontational situation where emotions are running high and the legalities are rather by the by. The sensible, practical thing to do - and what any police would advise if they were present - would be for everyone to calm down or for one partner to take themselves away somewhere until the dust settles. They would not be forcing people to stay behind the same front door just because of names on some deeds.

Ultimately, it will be easier and more effective to leave, but with nowhere to go and several children some times is not really practical.

Obviously, the best way is to report any aggression to the police, and/or get an urgent court order to keep someone else out of the house.

Not sure about legalities, but possession per se doesn't give the right for someone to be at a house or break in.
I'm sure it wouldn't be right for me to do so to the house I'm letting, while the occupants are still there.

I'm sure it wouldn't be right for me to do so to the house I'm letting, while the occupants are still there

Well yes, but that is a bit different. I was assuming the couple lived there.

Legally is quite a different thing to pragmatism. For things to have got to the stage where someone is packing bags and bolting doors, let alone breaking windows and forcibly re-entering a house, we're already in an impulsive, irrational, confrontational situation where emotions are running high and the legalities are rather by the by. The sensible, practical thing to do - and what any police would advise if they were present - would be for everyone to calm down or for one partner to take themselves away somewhere until the dust settles. They would not be forcing people to stay behind the same front door just because of names on some deeds.

Point taken about the pragmatism, but this advice is regularly handed out before you get into that hellish situation. The most recent time I read it was a post replying to an OP complaining that her husband had made comments about her weight. While that is very poor form, it isn't exactly the confrontation you describe.

Thank you for saying what the police would do - that is what I am interested in. But what happens then? Suppose the husband does take his bag and go away for the night (your post is a little unclear as whether the police would force him to leave his house). Who then is to decide when the dust has settled? If he decides that it has settled the next morning and wants to come back, but his wife has very different ideas, then what?

I sometimes read "pack his bags and make him leave" and get the impression that the writer is implying that the wife can decide when and if he comes back. So I thought it was worth discussing exactly what the situation would be. I hope I'm not coming across as too argumentative - I want to discuss, rather than argue.

I'm with you badlad, I have wondered this as well. As far as I see it, you either agree who leaves or stick it out until legal arrangements have been made. I don't think anyone should ever be forced out of the home they have an equal right to. Of course, abuse complicates things, but surely then the thing to do is to get in touch with authorities who can legally enforce a safe situation. Its tricky.

Police wouldn't force anyone to leave anywhere unless there was some kind of danger or harm. Who decides when the dust has settled? The couple themselves because this is ultimately a private matter and an amicable agreement is always preferable to either police or lawyers getting involved.

A lot of the time couples make the initial separation permanent because they simply don't want to be under the same roof. Some can agree to co-habit and remain civil whilst the formal separation is sorted out. Some - and this is often a very stressful situation all round - feel obliged to co-habit until the house is sold even though they can't stand each other. If someone is barred access to the marital home against their will, then they would have to go the legal route to restore access.

1.) Using violence - to person or property - to secure entry IS a criminal offence.

What constitutes "violence" is a matter of fact and degree. For example, if I had locked myself out and broke a window to get in to my flat, that is not "violence". If my boyfriend, after a row, came back and smashed the window in order to get in - that probably is "violence".

2.) As Cogito says, the police will only forcibly move anyone from your property if there is a risk of harm. Otherwise - it is entirely a civil matter.

3.) The same applies to being locked out by your partner. The police will not assist you in getting access, you must go through the civil courts.