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House key
#1
Hello, can anyone offer me some advice, I live in a house that is jointly owned by myself and ex wife, we haven't concluded the finances yet and my ex has now demanded a key for the house so that she can just turn up with a van and a friend to remove a few items of furniture, although I am not bothered that she wants the stuff she can gladly have it, it's nothing that could not be replaced free off Gumtree, what bothers me is she says she has the right to enter the house whilst I am not there, and I have other things that she could just take or she could even do some damage to the house, am I at liberty to demand to know when she will turn up and hence make sure I am in at the time? Luckily she live 100's of miles away and cannot drive so it's not as if she can just pop round one evening.

Many thanks
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#2
Not sure on the law here ... but if she hasn't got key, don't give her one.
Make an arrangement for her to come and get her things ... you cant withhold them but her having free access to the house when you not there is asking for trouble
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#3
Appreciate your views but I'm not sure as the property is still owned 50/50 she is legally entitled to a key, but like you say I wouldn't like her to have free access to the place where I live, I can always change the barrel quite easily
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#4
(01-04-2017, 12:57 PM)NewHill123 Wrote: Hello, can anyone offer me some advice, I live in a house that is jointly owned by myself and ex wife, we haven't concluded the finances yet and my ex has now demanded a key for the house so that she can just turn up with a van and a friend to remove a few items of furniture, although I am not bothered that she wants the stuff she can gladly have it, it's nothing that could not be replaced free off Gumtree, what bothers me is she says she has the right to enter the house whilst I am not there, and I have other things that she could just take or she could even do some damage to the house, am I at liberty to demand to know when she will turn up and hence make sure I am in at the time?  Luckily she live 100's of miles away and cannot drive so it's not as if she can just pop round one evening.

Many thanks

If it is no longer her Primary Home, she not longer has the right to enter.

The deciding factor is if evidance exists of her using another address for offical things, like Bank Statements, Benefits etc, or if for the last 28 days, she has been away for more than 2 nights  a week.

As a part owner, she only has the right to enter to carry out inspections and repairs.

She has the right to her belongings, but if its not her Primary Home, in fact there is no requirement in law to let her in, as long as you hand them to her outside.
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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#5
What he said ^^^^ :-)

I had similar situation, I took the keys from my ex 2 days after she moved out as she was coming and going freely and things were going missing.
I'd checked it all with solicitor so i knew i was doing nothing wrong

Ex threatened to call police in front of the kids - i handed her their phone number... she did nothing
Kids massively upset about why mummy was calling police on daddy - lots of shouting and screaming from her.

I agreed a time when she could come back and i supervised what she took
You have to draw a line that you don't want crossed and stick to it
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#6
(01-05-2017, 09:04 AM)LTCDAD Wrote: What he said ^^^^ :-)

I had similar situation, I took the keys from my ex 2 days after she moved out as she was coming and going freely and things were going missing.
I'd checked it all with solicitor so i knew i was doing nothing wrong

Ex threatened to call police in front of the kids - i handed her their phone number... she did nothing
Kids massively upset about why mummy was calling police on daddy - lots of shouting and screaming from her.

I agreed a time when she could come back and i supervised what she took
You have to draw a line that you don't want crossed and stick to it

To update this thread, due to the several aspects involved in this issue, we spoke on the phone tonight.

For the benefit of others in this situation reading the thread at a later date

a, We established that it had not been her Primary Home in the last 28 days, but she did have a Financial Interest in the House.
Therefore, she only had the same rights as any non live in landlord (to inspect the house with notice, and carry out repairs).

b, That he had a Duty of Care towards his Home Insurance Company, as by allowing her to have a key, it could be putting them at undue risk.
Should a situation happen at a later date, where there is no sign of forced entry, her being sent a key in the Post could invalidate his policy.

c, In the event of her taking anything not belonging to her, the Police would not be interested, and he might if disputed, have a job proving she took anything not hers.

d, That if she make legal entry, and decided not to leave, as a part owner, he would then need to evict her via court

e, She is entitled to her belongings, but she does not have the legal right to enter to get them. If she pushes past or makes any other unlawful entry, she could be arrested for squatting (as its now a crime).

f, That as there is likely to be a breach of the peace, my opinion on the way forward, is agree a set date and time, and ask the Police to attend, or at least send a PCSO.

As a side issue, I also advised him on the way forward in getting school holiday contact in place, as there is a big distance issue making term time contact unworkable.
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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