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Wife has moved out with the kids, what are my rights with the house?
#1
Hi all,

Some advice if you will.

Current position: Wife filed petition under "unreasonable behaviour", I've sent the Acknowledgement of service yesterday. There are two children. We jointly own the family home.

A few days ago my wife left the family home, took a place on rent in the next street and took the children with her Sad They've cleared out all the furniture in the children's bedrooms. The children, apparently, won't be coming to spend any time with me. They are over 12 and this it seems is their choice (after she has poisoned their minds against me). C'est la vie. 

This is a thread about the house.  From my research online I can't change the locks. Fair enough. She owns half the property.

However, she is now not going to be paying any of the mortgage or the bills. So what's my position? Can I rent out part of this property / take a lodger to help me get some money to pay the mortgage? Do I need her permission to do this? (I'm concerned that if I take a lodger or two she'll come in one day and make a fuss and ask them to leave! But at the same time I doubt she'll give me permission to rent any rooms.)
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#2
(11-17-2018, 06:09 PM)Noel-1972 Wrote: Hi all,

Some advice if you will.

Current position: Wife filed petition under "unreasonable behaviour", I've sent the Acknowledgement of service yesterday. There are two children. We jointly own the family home.

A few days ago my wife left the family home, took a place on rent in the next street and took the children with her Sad They've cleared out all the furniture in the children's bedrooms. The children, apparently, won't be coming to spend any time with me. They are over 12 and this it seems is their choice (after she has poisoned their minds against me). C'est la vie. 

This is a thread about the house.  From my research online I can't change the locks. Fair enough. She owns half the property.

However, she is now not going to be paying any of the mortgage or the bills. So what's my position? Can I rent out part of this property / take a lodger to help me get some money to pay the mortgage? Do I need her permission to do this? (I'm concerned that if I take a lodger or two she'll come in one day and make a fuss and ask them to leave! But at the same time I doubt she'll give me permission to rent any rooms.)

Ownership did not mean you can not change locks. If its not her Primary Home, you can.

By this, you need to be able to show if asked, that she has a contract to rent or has brought elsewhere, and that she says there 5 nights at least in any 7.

After 28 days, even without that, if she has been away, she loses the right to enter.

Her rights become that of a landlord only.,
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
oh wow, really?

There's no question that she's taken a place on rent. And she is staying there 7 nights a week. She sent me a signed letter to say she'll be living elsewhere and won't be contributing anything to the mortgage or bills. And she even provided me the address and post code where she and the kids will be staying (so I can pick the kids up for school).

So you're saying that after 28 days of this she loses the right to enter the family home whenever she wants? Is there some link you've got to the relevant legislation or whatever that I can send to her after the 28 days is up? That would be fantastic. Smile

Also, can I rent a room out after these 28 days are up (and do so without her permission)?

Many thanks.
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#4
I wouldnt be making her aware that after 28 days she loses the right to enter the family home. You got a signed letter saying she is living elsewhere as well.
Change the locks and get a lodger which is also none of her business either. You dont need her permission and she isnt paying your mortgage anymore.
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#5
(11-17-2018, 10:30 PM)warwickshire1 Wrote: I wouldnt be making her aware that after 28 days she loses the right to enter the family home.

No, I wouldn't do that now, obviously. But I'd still like a link that I can send to her after the 28 days is up. Or a link where I could read for myself what the law says about this. Many thanks.
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#6
A moderator may reply later who knows more than myself if they aren't busy.

Like I said though I wouldn't be informing your ex partner or sending her any links , she will find out months later . I would be changing locks before she starts letting herself in when it suits whilst you are out. Now she has a new home which she has sent you proof of and she has been at for more than 28 days (priary home) you are able to change locks.

Ownership did not mean you can not change locks. If its not her Primary Home, you can.

By this, you need to be able to show if asked, that she has a contract to rent or has brought elsewhere, and that she says there 5 nights at least in any 7.

After 28 days, even without that, if she has been away, she loses the right to enter.

Her rights become that of a landlord only


I just see a moderator answered your question in a previous thread
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#7
(11-17-2018, 09:34 PM)MarkR Wrote: After 28 days, even without that, if she has been away, she loses the right to enter.

Her rights become that of a landlord only.,

Mark, I can find nothing about this online.

May I request again that you provide a link to some location where I can check this 28 day matter ... or is it possibly you're mistaken about this?
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#8
(11-18-2018, 10:21 PM)Noel-1972 Wrote:
(11-17-2018, 09:34 PM)MarkR Wrote: After 28 days, even without that, if she has been away, she loses the right to enter.

Her rights become that of a landlord only.,

Mark, I can find nothing about this online.

May I request again that you provide a link to some location where I can check this 28 day matter ... or is it possibly you're mistaken about this?

I think it's another  forum myth. 

See here
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#9
I have concerns about this too because when I saw a family law solicitor 3 weeks ago he told me she can simply move back in whenever she wants. Mine has moved to a flat, has a tenancy agreement, has been gone 2 months, has registered the kids there, never paid anything for the house, never paid anything towards the mortgage. I even made her aware of the 28-day thing and we aren't married. But she is a joint tenant on the deeds. My solicitor knew all this and yet did not confirm the 28-day rule.

Firm evidence would be welcomed.
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#10
I've seen other advice online where solicitors have recommended changing locks after 6 months so it's a grey area.
Even if the other party was viewed as a 'landlord', wouldn't give you permission to change the locks??
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