When Ex Changes Locks on Jointly Owned Property

The home that you enjoyed together as partners is now being used to demonstrate the breakdown of the relationship…before you take steps that you could regret, take time to consider your position and what you can do.

What is Property, and do I have Joint Ownership?

When lawyers talk about property being 'jointly owned' in the housing context it means two or more people who hold legal title to the property. More often than not, this will be the family home. You will know if you have joint ownership if your name is on the legal title to the house, which is registered with the Land Registry. If there is still a mortgage on your property, the title deeds will be held by the mortgage company.

The Reality of the Situation

If both you and your ex are named on the title of the property, both of you have rights over and to the property; this includes being able to change the locks.

There is not a lot to stop an owner of a property changing locks. The problems arise when one joint owner deprives another of access to a property. The most common depravation is if keys are not provided to the house once the locks have been changed.

Your Options

Before taking recourse to formal legal proceedings or involving the police, consider what steps you can take to resolve the situation amicably:

1. A Polite Letter – Try writing a polite letter to request access. While this understandably might not be your first instinct it could possibly assist you, should matters need to escalate, if other methods of resolution have been exhausted before you embark on formal enforced access to the house.

2. An Occupation Order – In the case that you are still living in the home and using it as your residence, you may be able to apply to the court for an Occupation Order. If the Occupation Order is granted you will be allowed access to the property to live in the house, come and go and utilise the facilities. You will have to keep up payments for the mortgage or bills, most likely in the same proportions as before the breakdown of the relationship. If the locks have been changed, the relationship has broken down to such a degree that an Occupation Order will be a hardship for both parties. Occupation Orders are often very prescriptive, including but not limited to designated times for kitchen or bathroom access. However, this might be the only option for those parties unable to afford another property or those unable to reside with friends or family.

3. Ask the Police to Accompany You – If you are living elsewhere when the locks are changed following the breakdown of the relationship, you can ask the police to accompany you to the house while you remove items that are yours. You must be able to prove that you are allowed access to the property. Ownership of common items are likely to be disputed, so this is best sorted out away from the home environment, especially if children are likely to be there when you come over. Clothes, personal keepsakes and personal documents are usually the items that are removed.

4. Sell the House – Selling the house is usually the last option. This is not a light decision to make and, depending on where you are in terms of your separation proceedings, you may have already discussed this with each other. If you are unsure about taking steps to sell the home the advice would be to seek advice from a legal representative. There are many different orders and different personal circumstances will affect the decision taken.

The courts' primary consideration will be the welfare of any children. The court will consider the need to keep the children in the most stable environment possible. This does not mean that they will ignore you or marginalise your concerns.

Try To Stay Calm

Avoid antagonising the situation; storming round to the property and acting in an unreasonable or threatening manner is unlikely to endear you to a court. It may seem obvious but in times of emotional stress instinct has the tendency to override any other thoughts and you may act out of character.

Take time to consider your options, and remove yourself from any situation that is likely to cause a confrontation, even if the other party instigated the argument. This is not giving in or backing down, but preserving your position and taking time to consider the most reasonable course of action.