Advice - ex-husband on the mortgage. Can he come and go as he pleases?

[IceCreamWoes]

My ex and I split after he was sentenced for a criminal conviction and social services determined he couldn't be unsupervised with our children. He has never paid toward the mortgage of this house, and in fact only lived here for a week, but is named on the mortgage and he has all his things in the house as he has nowhere else to put them (living at his parents).

I have paid for everything since moving in here, and when my dad died, I used the inheritance I received for the deposit.

Divorce conversations have started, and my ex has said that he has legal advice confirming he can come and go as he pleases. I have lived here with the kids solo for two years and really don't want him turning up whenever he wants. I will speak to a solicitors this morning but I haven't slept a wink. Does anyone have any advice for me or been in this situation? We had been married 10 years when we split.

I think legally he can come and go as he pleases as owner, he could just move in. However with social services involvement I’d be asking for a sole occupancy. Order/ restraining order that will override his rights.

In general terms, the normal answer is yes he can. If he’s on the mortgage then he also owns the house so can come and go.

With the situation with your children though you need specialised advice that you won’t get on MN if he can be blocked on the basis of the children’s safety

https://www.kewlaw.co.uk/helpful-guide/what-is-an-occupation-order-and-who-can-apply/#:~:text=Occupation%20order%20family%20law%20act&text=An%20occupation%20order%20regulates%20the,or%20solely%20own%20the%20property.

you might find this helpful

https://www.kewlaw.co.uk/helpful-guide/what-is-an-occupation-order-and-who-can-apply/#:~:text=Occupation%20order%20family%20law%20act&text=An%20occupation%20order%20regulates%20the,or%20solely%20own%20the%20property.

you might find this helpful

Thank you