STBExH having keys to house

[thenextday]

Our divorce is imminent. He moved out a couple of weeks ago but still has agreed furniture here.
We are not selling the family home for atvleast a year so both of us are paying mortgage.
He has keys still which I don't have an issue with.

However....he has been behaving irrationally over the last few weeks. Ranting at me. He came round last week in the evening and in front of a friend was abusive. Swearing etc.

He is suffering from depression which he is blaming for his outbursts.

Our decree absolute comes through in a few weeks. I plan to have a conversation with him about not coming in house without my agreement.
I don't want any more tirades.

Can I legally do this?

I have no idea of the legal stance however as it is no longer his residence I don't think he should have free access. Just my 2 pence.

He would argue that he's paying half the mortgage. I don't want any more outbursts within earshot of the children.

Could you ask your solicitor what your legal position is. If you are entitled to stop him coming in then change the locks & email him to tell him & explain that you have had advice from your solicitor.

It may be worth asking on the legal board as well.

I have had this kind of issue with my ex. I locked him out using my door chain as he had a key. Anyway turns out even if the person still lives there if you say they can't come in then legally they are not allowed to enter. This law is to protect for example someone if you want to stop a drunken spouse coming home. My advice would be tell him very clearly you don't want him there and that you will call the police if he comes in. And follow through if nessasary. The law i think only applies if you have been very clear that they cannot come in. Hope this helps.

Thanks for your replies.
I hope he will not come round again unannounced .

You are perfectly entitled to your privacy. Owning or part owning a property does not give anyone the right to simply walk in any time they like. Think landlord and tenant..... there's always an appointment rather than the property owner just swanning in.

And then he's been abusive which changes everything. You would have been well within your rights, when he was shouting and swearing, to call the police and have him removed.

Do consult your solicitor. I suggest you tell him, backed up in writing if necessary, that any future visits have to be arranged in advance and that, if his behaviour is poor, he will be denied access. I'd also suggest that you install some extra security measures to your home... bolts on the inside of doors for example. That way when you are at home you can put the bolts on and he cannot walk in, even if he has a key

He is suffering from depression which he is blaming for his outbursts.

I know many nice people who have/had depression and they never behaved badly. It's just an excuse.

Use the keys and change the locks

Thanks for replies.

There is a difference between property and residence: if this is your residence, and his residence is elsewhere, then the fact that he owns the property does not give him right of access.

Check with your solicitor the precise terms in your jurisdiction.

And you can leave your key on the inside until such time as you know that are legally entitled to change the locks.

If it's any comfort, when I was in a similar situation, both my solicitor and my local police force told me to change the locks straight after my abusive ex-h moved out, saying that no judge in the land would ever convict me for it...