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When Ex Changes Locks on Jointly Owned Property

Originally written by Grace Hawley Jones, updated by the editorial team on 14th April 2026
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When Ex Changes Locks on Jointly Owned Property

Finding out that your ex-partner has changed the locks on your shared home can feel like a deliberate provocation. The timing rarely feels coincidental, and the message seems clear: you're being locked out of what was once your sanctuary together. Before you react in anger or desperation, you need to understand your legal position and the practical steps available to you.

If you need to formally request access to the property or document your position, you can quickly create a professional letter using our free Letter Builder.

Understanding Joint Ownership

Your rights depend entirely on whether you legally own the property. Joint ownership means your name appears on the title deeds alongside your ex-partner's name. You can check this through the Land Registry, which keeps records of all property ownership in England and Wales.

Being jointly named on a mortgage does not make you a legal owner. Mortgage liability and property ownership are separate legal issues. What matters is the title registration. The lender may hold the physical deeds if you're paying a mortgage, but your ownership status depends on whose name is on the title.

If you contributed to the deposit or mortgage payments but aren't on the title, you may still have rights. These are more complicated to establish and enforce.

The Legal Reality

Changing locks isn't automatically illegal, but it can lead to legal consequences if it denies access to a co-owner. The legal problem arises when one owner prevents another from accessing the property. Simply changing locks might not break the law, but refusing to provide keys to a joint owner could create grounds for legal action.

If you're not on the title deeds, your position becomes much weaker. You might have some rights if you can prove you have a beneficial interest in the property, but establishing this usually requires legal proceedings.

The distinction between changing locks and denying access matters because it affects your options for getting back inside. Legal advice becomes important to assess your specific situation.

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Your Immediate Options

The temptation might be to call a locksmith or force entry, but this could backfire badly. Even as a joint owner, you could face allegations of burglary or criminal damage if you break in. Courts take a dim view of escalating behaviour.

Try a measured approach first. Write to your ex requesting access and new keys. Keep the tone businesslike rather than emotional. This creates a paper trail that shows you've tried to resolve things amicably.

If you need to collect belongings urgently, contact your local police station. Officers can sometimes accompany you to collect essential items, but they'll want proof of your ownership rights first. They won't force entry or take sides, but their presence can prevent situations from getting out of hand. Police involvement is limited to preventing breaches of the peace and they will not enforce property access rights.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Court Orders and Legal Remedies

If the property was your main residence, you might be able to apply for an occupation order under the Family Law Act 1996. This court order can require your ex to give you access or even exclude them from the property temporarily. These orders are typically considered when there's evidence of domestic abuse or significant hardship.

The court will consider several factors: your respective housing needs, financial resources, the likely effect on any children, and the circumstances that led to the application. If there are children involved, their welfare becomes the court's primary concern.

Occupation orders aren't easy to obtain, and they're usually temporary measures. You'll typically need to show that you have nowhere else reasonable to live and that the current situation is causing significant hardship. Legal advice is essential to assess the likelihood of success.

As a joint owner, you have the right to apply for the property to be sold through a court application under the Trusts of Land and Appointment of Trustees Act 1996. The court can order a sale even if your ex-partner objects. This is a complex legal process that often requires legal representation.

This is obviously a drastic step that will end any possibility of reconciliation. If children are living in the property, courts often delay sale orders until the children are older or other arrangements can be made.

Practical Considerations

Think carefully about what you really want to achieve. If you're not planning to live in the property again, is getting access worth the legal costs and emotional energy? Sometimes the best approach is to focus on the divorce or separation proceedings, where property division will be decided anyway. Interim measures like occupation orders can provide temporary relief during these proceedings.

Consider whether there are children involved and how your actions might affect them. Courts remember parents who prioritise their children's stability over scoring points against their ex-partner.

If you do need legal advice, many solicitors offer fixed-fee initial consultations. The Law Society can help you find family law specialists in your area. Some people qualify for legal aid in family cases, but eligibility is often limited and subject to means testing. Legal aid is more readily available in cases involving domestic abuse.

Remember that changing locks often signals that the relationship breakdown has reached a point where legal intervention becomes necessary. While it feels personal and provocative, try to treat it as a practical problem that needs a practical solution. The calmer and more reasonable you appear, the better your chances if the matter ends up before a judge.

The Next Step

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262 questions
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Nicollet 06/04/2022 at 4:00 pm
Well! Anyway you might need a locksmith service for that In case you do not want to see your ex anymore entering your flat, you have not took back your keys from him or her, or you might need to enter your flat or his flat to take back your stuff. Anyway you might need it, but try to break up calm way
Juice 26/06/2021 at 1:12 pm
I'm still at home but my wife says she wants me to leave I'm well aware of house rights but she's now threatening to put in for a house swap what happens then
River 30/12/2020 at 2:11 pm
Hi. I moved to France 5 years ago with my partner and bought a house with money left to me by my father. Because of his behaviour I wish him to leave the house. He owns a property in France which os empty and he also still married to his wife despite bring with ne 11 years. He is refusing to leave my property what can I do.
lauren 17/11/2020 at 11:54 am
Looking for sone help

my parter and his ex wife (divorced) are selling the joint home the ex wife hasn't lived in the joint home for over a year (paying her half still) but his two sons have since separation. recently its turnt quite nasty with the two sons both 20yrs old getting aggressive and the ex wife entering the house and joining in to the point the police where called. now my partner wants to serve notice on the boys but his ex is stating she has rights to who lives in the property until it sells as its on the market. can anyone shed any light?
Boobooka 31/07/2020 at 12:04 pm
My X partner and I were together 15 years, unmarried. We had a house built in Greece it’s in both our names . He was violent aggressive and controlling after we moved there so I had to leave him and come back to the Uk with my 15 year old daughter. He has now met someone else and has changed the locks on our home. He is saying that if I come anywhere near the house or try to a see it to retrieve my possessions he will hurt me. ?? Any advice ??
G.E.L 29/07/2020 at 4:18 am
I’ve been divorced and my ex wife been granted by family court to relocate to France. I still have an occupation order since 2013 January. If my ex wife already in France with the children and I’m still in london and the property we owned together (we’ve got a register of title of ownership) can I access the property within an occupational order which still in place?? As my ex wife not anymore in the property, and I’m the ownership of this property, can I access my property?? By the way, she changed the locks for the property and I don’t have key for the property. I still have goods there. I applied by FL403 to the the court to dis game he the occupation order.
Johnny 10/06/2020 at 8:11 pm
My wife wanted space for 2 weeks so she said but 4 months on and I'm still no where near we have a wonderful daughter between us had the police involved 3 times from her saying I'm harassment in her witch is not true all I've asked for is to be fair with me I stay calm and she goes on a mad range with me its driving me mad I need some to talk to
Andy 31/05/2020 at 1:37 pm
My partner through me out 2 weeks ago I was due to go to work 10 mins later while I was at work she changed the locks on me and no wont give me access we have been together 13 years and I'm only name on deeds she has not contributed to any household Bill's during the 13 years we have 1 child between us and 2 step kids and now I find she subletting to her nephew I'm living in a van and during lockdown been impossible to find showers and toilets how can I go about getting my house back I've tried the softly softly approach
flamingo 19/05/2020 at 10:27 pm
We been married 22 years. His parents groomed him to storm around the house, shouting, swearing at me and kids. Always borrow on house and not pay off. I bought new house on my own but needed his salary slip to borrow 30% mortgage. My lawyer make mistake and did not get his signature for 20% of title deed and me 80%. Now he wont transfer it back to me. We are separated but not divorce. He live at his other house.

He had no intention to be together and alienate my older kids from me. My younger kids refused to live with him as he shout and swear at them and he makes it very clear he doesnt want them. Recent months he had tried very hard to be nice to win them over with sweets, takeaways, fizzy drinks.

I want to move home oversea and what is my position. How can i take back my house from him.
Kylie 07/02/2020 at 8:52 pm
@bones.well just give the poor women some more money .you don’t want to see the poor women on struggle street you once loved this women with all your heart you shared a life together.so give her sum penny’s .my bones does for me we have a complicated relationship I love heaps off guys but he is my cash cow so take leaf from his book .
Bones 07/02/2020 at 9:38 am
My wife left me 6 yrs ago,the house and land it is on is in both our names.I feel she abanded the place.She has received money to take her name off the deed.Yet she has not done so.Now she is broke and is trying to get more money from me.What can I do?
C.laurie 27/10/2019 at 8:26 pm
Even my own mother said with the time frame (I would psychology mess up the child )if i went to court now after 10 years off no contact .and would cause only conflict and (beliefs) no good would come from it and I would get myself in trouble because she told me herself I love you son but you are not father material You are just like your own father .and it’s best to leave the poor women alone and the child .and for me to keep living the way I do because it (suits me) it was like a (family intervention )my (brothers )strongly believe this is the best for everyone.and I do hold (stock )in what they say because they no me (better then anyone gods truth ).so will take this advice .they made me feel better about the whole (child thing ).so as (my family said )everything as worked out perfectly bro stop (worrying).she the mother got what she wanted me out off the picture and you never had to pay child support and we all no deep down (you never wanted rights gods truth bro admit the truth ).and yeah it spoke volumes to me and they are( right ).and for me to stop (acting )like my other family members because you where (nothing )like them why act like them .we will get you help so we have my son and brother back .(forget the child for god sake she wants nothing to do with you .they are wise people my family.
C.laurie 27/10/2019 at 6:02 pm
Truth is I share house at (38 )and (enjoy it ).but there is a (down side )when you have a teenage daughter and no spare room for her and the only way for visitation is though the courts in (reality).and make matters worse the child is 14 or 15 now .i have been told I am to old for this lifestyle and need to get my own place before court action so the child has own room .but the child is 14 or 15 now I am not( smart men )but I think they can make up there own minds at that age and I haven’t spoken to her sence she was 5 I tried to explain this to my family and said like even if I got my own place with no contact for 10 years it’s a bit weird I think plus a (very long process )and I don’t no if it’s (fair )on the child with (time frame )and it could do more harm then good .it is very hard to put (emotions aside )and make the right decision .but I decided I like my lifestyle and will keep living this way .and let her mother and daughter get on with there life’s
C.laurie 27/10/2019 at 3:31 pm
@tyu.@pigeon.i,wish on the (holy bible )I call social services on the mother off my child and add my daughter removed from (her care) not out spite or jealously but for my (daughters safety and for her to have better upbringing with me ).and yes chronic heart failure disease runs in my family and heaven to be hold I have had the test .and I have same disease so I need to keep my stress levels down .i can honestly say with the time frame i am walking away for my health because her mother be loving it if I was dead .
Tyu 27/10/2019 at 9:43 am
I split with my ex 3 weeks ago, since then he’s been abusive towards me in front of my children, called social services trying to get kids taken off me and now he’s changed the locks, I have none of my children’s things it’s been 2 weeks and we’re living on a bedroom floor at my friends with no items... what can I do? I need stability for my children.
Pigeon 07/09/2019 at 8:01 pm
I left an abusive partnership and moved out left my daughter with mother she is 16 next February .I have severed all ties with ex partner with the mortgage .she as a new man living in my house and changed the locks how can I get her to sell up as I want my share of house .I have chronic heart failure and need my money to live what I have of my life left please help
Mick 04/09/2019 at 2:19 pm
My x partner of the past 10 years is demanding that I pay half the mortgage, she threw me out approx 8 months ago and I had to move into rented property, I personally don't think it's right that I pay half of the mortgage
Sis 14/08/2019 at 2:13 pm
My husband and I have separated but still living in the same house , I booked a holiday for us to both go on last year but unfortunately he doesn’t want to go or stay in our marriage , can I go and leave the marital home for 10 days with out him having rights over the house whilst I’m gone or can he claim I’ve left the marital home as I’m away on holiday.
Madmax 09/08/2019 at 5:10 pm
I've been separated from my ex wife for over 4 years, she has been living in the marital home since and her new partner moved in over 12 months ago and they had agreed with the bank to pay £1000 a month which was to include arrears, but then recently found out they hadn't been paying anything, I asked the mortgage company to take the house back 4 years ago as the arrears are now approx £45k, my ex wife has also moved out of the house now into a rented house but she still has the keys for the house, I have received a court letter yesterday repossession order, where do I stand in sorting this out, I've rang the mortgage company several times to ask them to repossess the house and I've also rang ombusman and numerous debt help lines and not been able to get any answers, I've also been through a solicitors at the start of the separation, but my ex said ar the time she sent want the house selling and she was to move back in with our daughter so I didnt have a leg to stand on, my daughter is now 16 year and moving to London as she has been accepted in dance college which is going to cost me £1000 per month and that includes college fees and accommodation. I'd appreciate it if anyone could give me some advise, I'm physically and mentally and financially ready to break. Also once they take the house back are we both liable to pay the arrears/shortfalls and do I legally have to pay any arrears when i have no assets at all and all my wages go on maintenance/college fees/accommodation and then my own rent and costs of living I have nothing left.
Thank you in advance.
Phil 05/07/2019 at 6:31 pm
Just completed divorce case and paid lump sum to ex but he is still in the house. Am I within my right to change the locks?
John 29/05/2019 at 11:09 pm
My partner & I have been separated for over a year we are not married. In this time she has become involved with some very negative people & deveped a drug addiction. She has undesirable people staying in the house. The children have been removed & now living with me & my mother in law. The Pol have been to the house multiple times causing damage. We agreed the house would be sold but it’s impossible with her living there & the house in the current state. I finally managed to get her to move her stuff out but now I’ve found out she has broken back into the house. If I phone the police they say there is nothing they can do because she is joint owner. I need to get this house fixed up & sold so my children have a new home what can I do I feel so stuck??
Tuffty 17/03/2019 at 5:37 pm
Me and my wife have been apart for about 15 months and I still have belongings in the shed am I allowed to remove the locks which I haven’t got keys for and take my stuff out please
Ladams 15/01/2019 at 11:40 pm
Me and my ex partner have been separated and I have moved out of the home as someone was about to buy telhe property unfortunately it has not gone through and I now do not live in the property but my ex partner does full time. Do I need to still pay for the property. The property is joint owned by us both but the mortgage comes out of my ex partners bank account
vics 30/11/2018 at 4:34 pm
I decided to finally move out of a joint home I have with my ex (after an incident. we had not been together for over a year anyway). We have a daughter of which it's 60/40 to me.
We have a joint equal mortgage which we both paid equally.
I still have some of my possessions at the house.

I want to leave them there in my storage closet and room until the house is sold.

Can he throw my stuff out ? can he force me to take my possessions out of the joint home just because I moved out ?

I'm also trying to force a home sale but he refuses.
Ash 31/10/2018 at 12:05 pm
Hi I wonder if you can help just need some advice on housing. I own my home it's mortgaged & my ex is on the morgage as a named person. We have been divorced for 4 yrs & I live in the house with my 3 teenage kids aged 17,18,13. My ex rents elsewhere but has decided that he can't afford to keep renting & wants to move back to the house, can he do that, apparently his being getting some advice from his solicitor saying he can, just needs to get a court order or something, his also married now & the wife will be coming to. I really don't want this to happen & don't wannaoo sell my home. Hope you can help...thanks
Tackledodger 29/10/2018 at 5:54 pm
Hi
I have split from my ex we were never married but have children. We rented a social housing house a joint tennants and my name is still on the agreement. She has contacted a solicitor and is trying to force me to remove my name. Can she do this and what are my rights.
Paul
G 18/10/2018 at 5:38 am
Hi, me and my wife have been married for 5 years, we have had a joint mortgage on the current home for just over 2 years. She cheated on my in which our marriage then broke down, she then carried on seeing the new guy whilst we were living together which was very stressful for myself. I then went to stay at my brothers as I could not handle living with her whilst she was with him. I was still paying all of the mortgage, she then abandoned the home to move in with her new boyfriend so I moved back in the house and carried on paying the mortgage to make sure we don’t lose the house. We are currently going through the divorce in which we are looking to sell, she has now changed her ways and is threatening to move back in with her partner even tho I am here and she has not contributed a penny, before and after the breakdown. We have a child which we have shared care for. This is detrimental to our child as it would be confusing for her to go though all this again. Is there anyway I can stop her from moving back and then just proceed to divorce and sell the house?
RIO 07/10/2018 at 9:30 am
HI. MY SON IS STILL ON THE DEEDS OF A PROPERTY WITH HIS EX WIFE. SHE WILL NOT SELL THE PROPERTY. HE OWNS A FLAT TOO, SO CANNOT BUY ANOTHER PROPERTY WITH HIS GIRLFRIEND WHO HE WANTS TO MARRY. CAN YOU SUGGEST ANYTHING?
IF HE SOLD THE OTHER PROPERTY, WOULD HE BE ABLE TO GET ANOTHER MORTGAGE?
THANK YOU.
Pmonica 27/07/2018 at 7:16 pm
Hi i was drinking .had mental breakdown .threatend my husband which i was arested.put bail till court few weeks.charged with breaking bail.he send me a.legal letter from himself saying im no come.near my home its joint ownership.as im still no in court yet have i right go home when case over.he said he be ringing police .its my.home for 34 years
SeparatedDads Editor 27/07/2018 at 2:47 pm
You have the right to stay in the home if you're married, in a civil partnership or on the 'title deeds' the document that proves who owns your home
Rick 27/07/2018 at 12:44 pm
Hi me and the wife seperated in Dec 17 after 17 yrs of marriage. she said she didn't love me anymore, we jointly pay the mortgage on our property and she's now filed for divorce on unreasonable behaviour. She said her solicitor has said she can change the locks on the property even without my permission, but everywhere I've read says she's not allowed to do so and I have the legal right to move back in if I wish. As im still paying the mortgage and also rent on a temporary house. And im struggling, I can't get legal advice in writing without paying in excess of £250 per hour which is frustrating! Where do I stand on this matter as she insists her solicitor is in the right to say she can change the locks. There is no history ofviolence,drugs,alcohol involved and no court order against me.
Lin 06/07/2018 at 11:31 pm
I live with my bf and my 2 sons of 19 and 24. He owns a third of property and me 2 thirds. He is an alcoholic who has been abusive verbally and a little physical over the years on many occasions Police called twice. Last year it all came to a head.... after he was arrested drunk and disorderly andbparticularly nasty to me and he gave up drinking. We carried on but in april he decided to drink again. Just a beer or two. At that point I decided I have had enough and it's over. I cannot go back to that unpredictable life as he us an Alcoholic who cannot drink in.moderatiin. I am going to remortage and buy him out. The problem is it will be a few months as I am waiting for some inheritance money to do this. So tonight he is very drunk and threatening. I do not feel safe in my own house. Had go bedroom holding door shut . My son came home early from his shift to make sure I am ok. My question is...can I tell him to leave.... with few weeks notice. And then if he doesn't do this change the locks. In sept my son will be back uni and the other wont be here. They are very worried to leave me as when he's drunk he will turn nasty. Grateful for any advice please.
Mitch78 Editor 02/07/2018 at 9:45 am
@some peope - it shouldn't affect your finances......but be warned she could go to court for an occupation order and once she is in the house if she is the main carer of your kids then she will be given preference. It puts you in a dodgy situation as a court can actually sign the house over to her until the kids are 18. Get some advice as she could be moving back....with an agenda.
some peope 01/07/2018 at 2:28 am
My wife moved out a year ago as she couldn't live with me anymore, me working 90 hr weeks and her going out with her friends all the time, not doing any housework or cooking for the kids was bringing her down. Her pre-separation London boyfriend who paid her rent when she moved out has decided he's not going to pay it anymore and she's told me she's now moving back in. Keeping her boyfriend and we will just live together. This is crazy as she has been violent towards me on occasions and I can't see anyway this can possibly work. However as it's a jointly owned property (trying to sell it at the moment) solicitor I can't stop her.
I'm the middle of sorting out the finances, so this really isn't helping. If I change the locks will this affect the finances? I know I shouldn't but I just want to delay everything in the hope of finding a buyer before she moves back in.
SeparatedDads Editor 26/06/2018 at 2:37 pm
After the mortgage lender takes your property into possession they will sell the property for the best price that can reasonably be obtained. If the sale does not generate enough money to pay off the money owed to the lender, then you will find out the amount of money owed. A lender may or may not wish to seek repayment of the shortfall debt.
Maria 25/06/2018 at 9:27 pm
Hi please any advise will be great.

I split up from an ex boyfriend 10 years ago we had a house with morgage and still now my name is on Morgage due to him not earning enough to take my name off. Now 10 years later the house is been repossessed and I don’t know where I stand. As it was in negitive equidty, I have not payed towards the house for ten years as I was not living there and it’s just gone on this long without me been able to take my name off. I now live with my new boyfriend 3 years with a baby it’s his home his Morgage.

Thanks

Maria
Chris Editor 19/06/2018 at 2:20 pm
@France's - not if the 'soon to be ex wife' jointly owns the property.
France's 17/06/2018 at 3:00 pm
My partners soon to be ex wife as the final part of the divorce is within six weeks of being final, she left him almost two years ago and left the three children behind as well. She stopped paying the mortgage almost a year ago but still walks into the home if and when she pleases. Are we able to change the locks ? Plus does she still have the right to store her stuff in the home ? He has put an offer to her but she has refused this ? They youngest child is under 10 . Please keep my name annonimus
SeparatedDads Editor 03/04/2018 at 11:58 am
As outlined in the article, a letter giving your ex a deadline should be sent. A solicitors letter may have more impact here. If your ex ignores you, then you would have to apply to court for an occupation order. It is highly likely you will get your house back. However, it will cost if you have to take the matter to court.
BTM 02/04/2018 at 8:32 am
My partner and I have split up two weeks ago and she has locked me out of my home.

My partner and I have bought a house together with her parents and we were planning to all move there in July when an extension is finished.

My partner and her two children, (aged 9 and 10), temporarily moved into my rented place in January this year. We had been together for 2.5 years and I decided to end it due to it being controlled too much.

I rent this home from my mother, I pay all the bills for her and it is my registered address. I have previously removed some of my important items last week, but yesterday discover that she has locked me out - Does she have the right to do this?

I have found temporary accommodation for a month and I have asked her politely to move out of the house to the new home, (which is perfectly OK to use as the extension doesn’t infringe on the main building), by the end of the Easter holidays. What can I do if this doesn’t happen? What are my rights here? How do I get the property back?

Kind regards, BTM.
Abs^ Editor 26/03/2018 at 11:00 am
@Mark - If the house is jointly owned, then you have every right to move into this house. If your ex objects she can take you to court. But I'm sure the court wouldn't object. It's unlikely your ex would go this far anyway.
Mark 24/03/2018 at 12:34 pm
I split with my ex a year ago and currently rent.
We own 5 properties jointly of which my ex lives in one with the kids and four are rented. A tenant has now left and I want to move in to it but my ex objects cause she says she will lose out on rent money!! Im paying a fortune to rent my self! Can she stop me from moving into this house?
Thanks
SeparatedDads Editor 12/03/2018 at 11:18 am
If you cannot agree on what you should do with the home, or how you should make arrangements, then mediation may be an option to consider. There is no black and white answers here. So, you both have to try to decide what is in your children's best interests. If you don't, then the matter can end up in court and it will be the court who will decide on you/your partner's and most importantly, your children's behalf.
dad1 11/03/2018 at 4:36 pm
Hi, i've just split from my girlfriend (never married or engaged) of 6 yrs, we have 2 kids together (one is 2 & the other is 4). I understand she can take possession of the house. (even though she's not on the mortgage or on any of the bills as i took care of everything, all in my name.)

My question is, when/if she takes the house, it's until the last kid leaves home at 18, then i get custody of it back. So in the meantime does she have to pay me rent to live in the house and pay the bills and general maintenance etc, or basically do i have to keep paying everything until the kids are 18 and she lives rent free? If this is the case then i may have to go bankrupt which obviously isn't a good thing. As i'll be left with no way to pay for food or bills or rent for a new place. So i'll at least be made homeless out of it if she takes this course. Also what if she moves a new partner in?
nothing is permanent 04/03/2018 at 3:19 pm
I have my own home , no mortgage, I then married an English lady abroad . (The marriage certificate is from another continent) .My wife obviously moved in to my home & never wanted to work, I am on the min wage supported by Working tax credit, been married 8 years. and have a young child . My wife has taken off refusing to tell me where she is or when she will back and told me not to contact her. Does she have a right to stop me from seeing my child ? Does she have a right to a fiscal share of my home etc. ? How long do I have to keep her belongings in the home ?
Carly 21/02/2018 at 9:45 pm
Hi, I'm divorced and remarried and my ex now wants my shares from work that I took out after we split up can she have them
SeparatedDads Editor 18/01/2018 at 2:28 pm
Your only recourse would be to seek legal advice regarding this matter, as unless you can solve the matter mutually with your ex, you would have to take it to court.
Mo 16/01/2018 at 8:10 pm
My wife attack me forcing myself and 2 kids out of house I had intended to move make due to she moved out for a month now she change the locks to the property and she not living there is she break the law on this
SeparatedDads Editor 22/12/2017 at 10:10 am
Unfortunately, we can offer no more information than the article gives. Your daughter would have to seek legal advice in order to apply to court for an occupation order.
Debs 21/12/2017 at 2:01 pm
My daughter partner has changed the locks on the house and told her he has a non molestation order starting against her. She's at her wits end he wants her out so he can keep the house. They've been arguing lately but no violence. Just door slamming but the door broke so he

called police and they said she has a right to be there as joint mortgage. Next day receives this new news can he do this
SeparatedDads Editor 19/12/2017 at 2:42 pm
Much depends upon the reasons why your ex feels he may be justified in asking for a more than equal split. However, if the marriage has been long, and you have two children between you, then you are both entitled to your equal share of the marriage pot. However, it is impossible to answer without fully knowing the reasons why your ex is requesting more. Therefore, you may wish to seek some legal advice.
Emak 19/12/2017 at 12:36 pm
Hi, I have separated from my husband and we have a house together that we are selling. I have our 8 year old living with me and he as our 14 year old with him. He wants more money out of the sale. Is he entitled to anymore? I’m happy with a 50/50 split
SeparatedDads Editor 20/11/2017 at 10:48 am
Perhaps he feels pushed out (especially if the children you speak of are also his - you mention them as being 'my' children). While you are speaking of this from a practical viewpoint, emotions and frustrations can also run high after separation and a combination of both doesn't always lead to such rational responses and behaviour. If you cannot agree between you what your ex wants from the situation, suggest mediation as a response to the solicitor's letter, as it shows you are willing to negotiate the issue.
Scrabble1 19/11/2017 at 1:45 am
Hi, husband left the FMH a month ago after taking his belongings. I have changed the locks as it was reassuring for my children and I to feel safe and secure. He asked access on a specific date at a specific time when he knew I was at work. I emailed offering alternatives to come after my working hours or for him to provide me with a list and I would securely leave the items with a neighbour for him to collect. He still turned up at my daughter's school demanding the keys. I got a solicitor letter today saying I had no right to change the locks and demanding a key. We have never seen where he now resides so is he allowed to infringe any time that suits him on my privacy and that of my children? Surely such visits should be agreed by all parties? He barely has any personal items left. Everything left is furniture for family use which is puzzling...
SeparatedDads Editor 14/11/2017 at 10:22 am
We can add no more that what the article advises. It may take a few days or longer to get your belongings. If you need an escort, the police may be able to help.
Gossy 13/11/2017 at 5:35 pm
I left my wife, she started divorce proceedings so I then got a solicitor, we own the property that she is still in and I want to collect some personal things, I’ve arrived to find that she has changed the locks , what can I do now as it’s 17.35 and solicitors are closed ?
Thankyou
Dee 08/11/2017 at 11:10 pm
The house and mortgage are solely in my name but have lived in the house with partner for 10 years. He left took all clothes can I refuse him access to the house to see our son? He claims that he has a right to come and go and refuses to leave and insists on staying over every weekend which i find very distressing can I stop him from staying? Also am selling house he said I have to give him first refusal is this correct?
Niki 15/10/2017 at 10:57 pm
I am recently divorced and my name is on the title as a co-owner. I have moved out. I still have all my belongings there. The house is to be sold so I have not removed furniture so as not to make the home bare and therefore not sell due to improper staging. This was known by my ex. He has now changed the locks to prevent me from entering the home when he isn’t present. He works on the road all month and is only home for a day and a half. Can he legally keep me from entering the home when he isn’t present? Nothing states in our divorce papers about him occupying or myself. He does live there when he is home.
AJ Editor 03/10/2017 at 12:31 pm
@Lovemore - if they have both put in the same amount of money and if both have equally shared costs and the mortgage payments etc, then yes. If contributions have been unequal, then the person who has contributed the most money will get the greater share.
Lovemore 02/10/2017 at 9:20 pm
When to two sisters jointly own one house together do they both have the same rights of that property
Hopefully 30/09/2017 at 7:35 pm
My nephew got married a year ago but wife now moved out house owned jointly on mortgage we asked soliciter he says we could change locks but she could get in if she damaged anything then she had to repair her father has twice broke in. police say she has the right to break in with father is this right we think not please can anybody help us as aggression from her family is getting very bad.
annimallover 15/09/2017 at 8:32 pm
a married couple are seperated and both own there house with both names on the deed! The house is now vacant and the child is an adult now! the police told the husband he can move back his home pay his spouse paments of rent to own of his half of his property! After she recieved his first $200 money order she does not accept it! can he still legally move back in his vacant house?
Rio 1 11/09/2017 at 5:16 pm
Hi
I jointly own a property with an ex currently awaiting a court date to force a sale as hes not very cooperative. This has been going on for 8 yrs now and court is the last resort.
Since all this has come about my ex is in prison for what im not sure and his new partner has moved in approx 3-4mths ago.
Now im getting reminders about mortgage arrears ect is there a way of evicting the new partner if shes not paying the bills while i wait for my court date.
Many thanks
sj 09/09/2017 at 9:27 am
hi. my husband moved out of our jointly owned home 10 month ago. im still living there with our children aged 7&3. i have now started a childminding business from home. i have filed for divorce. he cant afford his rent anymore and wants to move back. he has been emotionally abusive. i have proof in emails. he is an alcoholic and a drug user. he has only paid maintenance twice. he hasnt paid towards the morgage for 10 months. if he moves back in i will loose my license to be a childminder because i have a duty to safeguard the children in my setting. what can i do?
SeparatedDads Editor 04/09/2017 at 2:32 pm
Legally speaking, if the property is jointly owned, then you should not change the locks without the other owner’s consent. Your ex has the right to enter the property and you should not exclude them from the property without a court order. However, if your ex has moved out of the property, it is reasonable to expect them to give you advance notice if she wishes to enter. If you can’t agree on when and you fear your ex may enter the property as such anti-social times again, then you may wish to take legal advice regarding your rights to having a private life.
JD 02/09/2017 at 1:00 pm
I have been going through a divorce for over a year now and my ex left the marital home 6 months ago, leaving me with a very high mortgage to pay. A few days ago, she tried to access the property at 00:40 in the morning demanding that I take the chain off the door and let her in. I recorded the conversation. Luckily, she was not smart enough to try either of the back doors, which she has taken every spare key for. Given her unstable and unreasonable behaviour, can I at least change the back locks and keep the chain on the front door to prevent her from coming in in the middle of the night? I do not know what she is capable of after this and am worried what she will do if she gets in and there are no witnesses around.
MaTTf Editor 05/09/2017 at 3:27 pm
@Jen - you could speak directly the mortage company they will be able to help. Your only other option would be to take it to court to ask for your name to be removed. But, if you have not been contributing to the mortgage for 10 years, you can't expect your ex to give you the rent he is collecting! But if he loses in court he might have to pay the costs.
Jen 01/09/2017 at 12:52 pm
My now ex partner and I brought a house together over 10 years ago.
When the relationship broke down I left the property with him solely occupying it until he then left the property and began renting it out without my permission.
I gave up my keys as at the time he was living in the property. I do not contribute to the mortgage as he was living in the property when I left and now he is renting the property out illegally as our mortgage was not a buy to let mortgage. He is retaining all profits from the rent. I do not wish to be named on this mortgage but unfortunately he won't sell or remortgage in his own name.
What can I do and is it likely to cost me a fortune to make him remortgage so I can remove my name. Also do I have any right to money he is receiving from renting the property??
Joe Editor 24/08/2017 at 2:07 pm
@rolly - she can change the locks, her ex would then have to take the matter to court if he wanted to try and get back in. The court is likely to side with her is she has disabled children. I'm sure he wouldn't be bothered to take it to court. I'd ask a solicitor to send him a letter saying she's changing the locks and list the reasons why. Or she could just put it on the snip if and when she doesn't want to let him in.
rolly 22/08/2017 at 8:56 pm
my daughter was recently divorced she lives in the family home with 3 children 2 of which are disabled.The mortgage is in joint names and ex just goes in when ever he wants.He is very verbaly abusive to my daughter shouting ordering her to do what he says and is swearing foul language at them all this causes the eldest disabled child who is autistic to go into terrible trauma.My daughter hasn't changed the locks because she thinks she is legally not aloud.What can she do .Please reply soon.Thankyou Rolly.
SeparatedDads Editor 03/08/2017 at 2:09 pm
You would have to seek legal advice regarding this matter, as you may have to take the matter to court to have the issue resolved, if you cannot resolve it between you.
D 02/08/2017 at 7:21 pm
Hi, My wife and I have separated and I moved out of the marital home which we both own jointly, she has now moved her new partner in with my twin sons and changed the locks. Is she allowed to do this and still refuse to buy me out.
SeparatedDads Editor 27/07/2017 at 3:55 pm
This issue should have been addressed through the courts. If your ex refuses to give you a key, then you would have to refer the matter back to court if the property is empty or you feel your ex is not doing enough to sell the house. You may wish to speak with your solicitor regarding this matter.
Adam 26/07/2017 at 4:32 pm
Had a messy relationship which has gone through courts and as a rusult the house should be sold ..... my question is should I be aloud a key to my property to let estate agents in and out because we have no contact at all ..... thanks
SeparatedDads Editor 14/07/2017 at 11:59 am
Much depends upon how long before you married it was that you bought the house? How long you both lived in the house prior to marriage and whether you have children together. The fact your wife has never contributed financially to the house has no relevance if you are married. However, if the marriage has been short and children are not involved, then it is unlikely she would be entitled to half, if any. You would need to seek legal advice as it is difficult to answer your question fully based on the amount of information you have given.
Stan 13/07/2017 at 5:05 pm
I bought my house before meeting partner who I then married after 4 years marriage is over but wife now wants half of house and refuses to leave, she has never paid any money towards mortgage does she have a claim?
SeparatedDads Editor 13/07/2017 at 10:29 am
The Bar Council has a guide to representing yourself in court which should tell you all you need to know, Before your son takes this approach, he may wish to ask a solicitor to pen a letter specifying the repercussions and costs of taking the matter to court for both of them, but that he will not hesitate to do so if the situation is not resolved by a specific date. 'Orders for sale' are commonly obtained by a co-owner of a property where one of the co-owners wishes to sell their property against the other co-owner’s wishes. These are commonly obtained in circumstances in which the relationship between the co-owners’ has broken down and one party wishes to release equity by trying to force the sale of the property. These claims are brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). If your son wishes to gain access to the house an occupation order may be requested along with an order of sale. If your son can afford some professional legal advice in order to explore his options fully, this will help. Otherwise, the Citizen's Advice Bureau may be able to help. Highlighting the fact your son's ex has tried her best to obstruct the sale and the property has fallen in to disrepair will help your son's case. Also, the fact he has attempted all types of rational negotiation and mediation and his ex continues to obstruct the sale will work to his advantage.
oxo44 11/07/2017 at 3:08 pm
Hi,
Seeking advice on how my son could get a court order to allow access to his jointly owned, unoccupied property after his ex partner changed the locks and has refused several requests via a solicitor to provide a key.
He originally bought the house in 2000 before meeting his ex partner. In 2004 she moved in and they had their first child and took out a joint mortgage partially to renovate and add a conservatory and partially to clear debt. She input no capital at that time while he input £49500 deposit.They subsequently separated in 2005 for a short time and once back together had another child.Following the birth of the children the maternal grandparents especially became oppressive and constantly interfered resulting in their separation again in 2008. Spent a considerable amount of money getting reasonable access only to have that contact ruined by the mother and grandmother alienating the children. Should have gone back to court at that point but could not afford the costs. Since then my son has met and married his wife and they have two wonderful children, however the ex partner has constantly refused to resolve the situation regarding the property other than a ludicrous offer of £2700 to take his name off the deeds and mortgage. She has paid the mortgage and is still doing so and they were until recently negotiating a resolution, however everything has ground to a halt yet again with no response from the ex since April. She moved to her deceased grandmothers bungalow last July along with the children so they would not be homeless if the house was sold. Attempts to change the locks using a locksmith resulted in the police being called and false allegations made re harassment. The property is going to go into disrepair if not sold soon, the garden is already a disgrace, so need access to check interior and make presentable for sale. However she is driven by greed and jealousy and consequently not prepared to negotiate fairly. Can I go to court and represent myself as finances are really tight. Any advice would be appreciated.

That time
SeparatedDads Editor 16/06/2017 at 12:50 pm
A solicitor's letter outlining your rights to enter the property might do the trick. Otherwise, you may have to apply to court if your husband still refuses.
Julie 07/06/2017 at 11:04 pm
My husband and I bought a pub 2002. 5 years ago he left me for another woman. I have been living and running the pub on my own since then. Has he got the right to just move back into the pub? Do I not have the right to say no, I don't want you living in the same place as me! Please help ???
Angie 02/06/2017 at 1:48 am
I'm going through a divorce and my husband and I own a building together that had a business in it..the business is now closed but he changed the locks on the building...can he do that? I still need to enter the building to finish up some business issues. What should I do?
SeparatedDads Editor 04/05/2017 at 2:11 pm
If the court has not put a time frame on when the house must be sold, then you have no limit. However, if you stall or try to prevent the sale, your ex could take you back to court to force the sale and a time limit will be issued. It is much better to come to a mutual agreement on how you take this matter forward, if you can.
Vuyo 04/05/2017 at 6:20 am
I divorced my husband of sixteen years, he moved out and don't pay the bond anymore either child maintenance which is in process, we are not on talking terms, I have changed the lockers and advised him he never responded. According to our settlement agreement house must be sold, is there a time frame as to when must I sell the house? I am now paying the bond as I do not have any other place to stay. Please help. I am considering to buy him out if possible. Thanks
SeparatedDads Editor 03/05/2017 at 2:48 pm
You would have to seek legal advice about taking the matter to court. A court may be able to force your ex to sell if you feel you are owed equity from the property.
Monty 30/04/2017 at 1:48 pm
I have split up from girlfriend and she has been on joint tenancy from 2015 before this I was sole owner. Anyway can she file a court order to sell the house even though I have my friends 3 kids there as she is homeless. What will the court do?
Mungi 29/04/2017 at 9:56 pm
I have divorced my husband 5yrs ago,and left the house which registered on both our names,now he brought another woman.he refuse to sell and share equally,,what must i do??
Oll Editor 02/02/2017 at 2:50 pm
@Petee - It's a no brainer - I would definitely change the locks!
Petee 02/02/2017 at 12:25 am
Split up with the ex months ago. She left with the kids and refused to contribute to mortgage payments. Now she feels she has the right to come to the house after 7 months and chill with her new partner. Im paying the bills and mortgage by myself. What can I do about her going there when im at work all day. Needs sorting as she's running my bills up and eating my food.
SeparatedDads Editor 20/01/2017 at 10:14 am
If you have been married for a good length of time, and the property is not considered a pre-marital asset then theoretically you would be entitled to a share. However, I can only suggest you seek legal advice in order to explore your options. Much would also depend on whether you have children etc.
Andy 19/01/2017 at 6:58 am
Hi I've been married for 25 years and my wife has called time on our marriage. Juring a short split my wife ended up in a council house where we got back together and she eventually bought . She bought the house in her name as I had gone through bankruptcy and she didn't trust me to be on the morgage. As I paid her in cash towards the bills monthly because of my situation and only in the last three years through the bank which I have statements for .
During the time I lived there she also remortgaged and upped my payments accordingly. I received no money from this but she paid off some of her debts .

I have registered a interest in the property but do I have any rights to the equity in the house .
SeparatedDads Editor 19/12/2016 at 12:53 pm
If you can't come to an agreement between you, or via mediation, then you would have to seek legal advice regarding this in order to explore your options.
aj 17/12/2016 at 11:27 am
After years of arguements I moved away (36 years married) last year I want us to go to meadiation to arrange financial terms but she refuses to speak to me and wants to go for desertion after 2years
I have not paid any money towards the morgage since last year
advice please
DaddyB 01/12/2016 at 6:07 am
I am separated and not allowed to enter the FMH. The wife will not mediate or anything. The FMH is mortgage free. Divorce is under way.
I have now been sent a list of so called estimates for "dire need of repair and renovation". These are new kitchen, shower room, rewire and new lounge floor and SWA cable to be run to an outbuilding. Many of this is NOT essential and just a way of refitting the house. Her solicitor has taken the cost from her Form e and expects me to pay 50%.
Do I have to pay for these? I don't have the money.
SeparatedDads Editor 14/11/2016 at 1:54 pm
We cannot estimate what your ex may be entitled to as every case is different. Therefore, I can only suggest you seek legal advice to explore your options. If you have residency of the children and you can prove your ex has paid very little into the house, then you may have a case. However, unless your ex was willing to agree she has no claim on the house through the likes of family mediation and/or arbitration, then the matter would have to go through court for the court to decide.
Mymateken 13/11/2016 at 10:47 pm
Looking for a little guidance here folks. Me and my ex brought a house together in 2001. Both names on the mortgage. But she left in 2009, leaving behind two small children at the time. I have a residential order for both children, so that bit is sorted. My question is, she has never paid any mortgage payments at all, I have paid every single payment since we brought the house, and it was me who found the deposit. I did try to get her of the mortgage in 2013, but my mortgage company refused to remove her, ie refused the transfer of equity, due to both of use having a bad credit rating. My question is, once my youngest son turns 18, and she comes after her share of the house, what percentage will she be entitled too? I have a email from her from 2009 to the mortgage company stating she hasn't paid anything towards the mortgage since she left.
scared 08/11/2016 at 1:00 am
Long story, I met a man who was 27 years old when I had just turned 16 and left home ,having issues with my folks. Staying with a gf, she threw me out of her appt [never knew why] and he said "put your stuff in my car and Ill find you a place to stay" I was then obligated to this man, or felt I was . I thought he cared about me , even though I didnt like him that much, I thought i could make it work. We bounced around a bit then a got an appt. soon as we did , the beating and knocking around, name calling, women sleeping in our bed, being gones for days , started. I tried to leave a couple times, no place to go, no money, never finished school. he would beg me to come back say how he would make it better . So, id go back. Even thugh by this time I knew what kind of monster he was. I got a car to get a job, was late home one night ans he smashed it up with a crow bar. No car. No job. I learned if people were around he was less likely to beat me, and the name calling I could handle. We moved far from his home town and I convinced him to take a job where I would only see him every few months. I thought in the bck of my mind I would be able to work, save money and finally get away . I never let him know what i was thinking , because I didnt know what he would do. Then, I wound up prgnant :( And stayed, thinking this might be what was suppose to happen all along . And he was always ok with the kid, well physically anyway. Anyway, right after my baby was born we bought a piece of property that had part of a house built , put in power and water etc. Yes , he paid for a lot of it . But when we went to sign the papers on the property he didnt want it in his name , we argued back and forth and he said "the place is for you and child " put it in your name. So we did. I went to the notary with the man I bought the place from and signed TONS of papers infront of notarized witnesses that were then filed with the county. After the initial work on the place he didnt help me with anything , no maintnance, his name was not on the mortgage, we never had joint checking accounts and the last 10-15 years we never went or did anything together. He was suppose to move out , but he never would. In that time another piece of property was bought in HIS name only . The mental abuse got to the point where I was sleeping fully clothed with pepper spray and I finally left . I have no contact orders in place now. Anyway, I left the house and he contacted me saying he was leaving and he didnt want the house. So he was there appr 3 weeks packing all his stuff. 2 trucks and 20 ft trailer . He took tools, guns, a tractor, wood stove ..and he had the prop and his truck in his name. I have not seen him 2 years , even though he has tried . I talked to a lawyer in 2015 and he said the house was mine to do as I see fit , that he could fight it but it would be very expensive with up front costs and that when he was done with him "the lawyer" would have this person oweing me money. I
Jen 05/11/2016 at 1:12 pm
I am currently going through a bitter divorce with ex who is pretending he lives at marital home but in fact has been living with his partner the past two years and since July my eldest daughter and two sons are infact living at property were she claims working tax credit at but does not pay rent to my ex . Her tax credit forms state it's only her and boys living there and he still lies and changed locks to property refusing me a key although my right was registered on land regestry and I was in a 25 year marriage to him . He has informed me after I've told him I do not give him permission to video me when I had a key that he had been secretly videoing all along and unless I agree to him continuing to do so I can't have a key to property . He's refused to give my mail for over two years and allowed demands for a debt to get to a serious point opened my private mail contacted bayliffs sending them to my new address which the court bayliffs confirmed he wrote to them . He's saying I'm not intitled to half the contents as I had a few items already when infact he was aware of about 3 items I had . He makes constant alligations I stole from my own home and refuses to provide a key what can I do he's wrecking my nerves and quite Ritchie compared to me as was found to have committed fraud having faked my signature on loan forms meaning we had to get a professional hand writing expert who validated its not my signature please advise as my lawyer does not appear to be acting on this
TM 24/10/2016 at 6:38 pm
Hi, I am going through separation from my wife of six years. She was the bread winner of the family and I struggled financially throughout. Now that we don't get along she says I should move out of her house. I agreed to stay away for the night upon the police being called because If it had dragged on the children might have noticed. Now she locks me out and the police say I have no right to be there. She wouldn't agree to any of the terms I proposed because she thinks once I'm out I'll have to sue her. She knows I can not afford to. How do I convince the police that I have the right to stay till a solution is reached either amicably or through the courts without upsetting the peace? Is there some standard document I could print to show them? Do I indeed have any right to stay until we reach an agreement?
SeparatedDads Editor 21/10/2016 at 11:00 am
She is well within her rights to return the mail to sender if you are not currently living at the house and you are not allowed contact.
zippo 20/10/2016 at 11:17 am
Im on police bail at the moment not to contact my wife iv been told she is sending my post back to sender can she do this or is it illegal she is living at the house which we jointly own
JCH82 Editor 20/10/2016 at 2:41 pm
@James While this is a good idea in principle, there are many variations which means each case has to be considered individually. By issuing a blanket or mandatory law that every father should see their kids would mean fathers who might be violent or abusive would have access to their kids........ and that is not such a good idea. Jim.
James 20/10/2016 at 12:22 am
Why have dad's not got the same rights as mum's....it's terrible and we as dads need a new law stating that no mother can stop the father from seeing their kids and there should be a minimum and maximum days of access available...fines should be imposed for late arrivals etc etc
SeparatedDads Editor 03/10/2016 at 10:44 am
You don't say how old her son is and how long he has been living in the house with you and under what agreement, which makes it difficult to answer your question. Therefore, you would need to seek legal advice regarding this.
W 02/10/2016 at 3:47 am
I need help on this. Me and my x have ties to my house. She hasn't been in this house for 5 years.. She still have stuff in here and for 5 years she still pays the lights that's all I take care of the rest. Now her son feels that his mom name on the title gives him the right to stay here. What can I do to get him out...
SeparatedDads Editor 26/09/2016 at 11:25 am
I can only direct you to the CMS calculator to see what you should be paying, You do not have to pay anything above and beyond this amount, what you contribute above this will always be at your own discretion.
Fedup 25/09/2016 at 2:51 pm
My children live in England with their mother my ex wife. I live in Belfast. I have always contributed 20 percent of my net earnings to her, and contributed to significant purchases such as both new school uniforms, school trips and also all holidays and travel to collect and return the children.

She continues to not contribute to significant costs such as school trips and expects me to fully pay for them as well as all the other contributions that I make.

As a nrp can I approach the Csa/csm to see all my total contributions and reset this? However I don't want my kids to suffer as she is living in a rental property costing 1000 pounds in London and this is what all my child maintenance goes on - their rent leaving her no money to spend on the kids and hence asking more every time from me.

Thanks for ur guidance
SeparatedDads Editor 23/09/2016 at 2:27 pm
I'd seek legal advice regarding this. As you are married and have three children, it is difficult to dertermine what she will be entitled to should she decide she wanted to take the matter further. However, at the same time she may just accept the offer and if you can agree between you it will be a lot less costly than if you/she decided to take the matter further.
RM 23/09/2016 at 12:06 am
My wife left me about 10 months ago taking with her my three children to live 100 miles from the FMH.

I have access to my children every other weekend and have to travel 400 miles and for somewhere between 8 and 12 hours each weekend in addition to fuel costs etc.

When she left there was approx. £29000 equity in the home based on the valuations that she secured prior to going.

She has not contributed to the house in anyway since she left and she has received maintenance for the children at the rate demonstrated on the gov.uk calculator.

She also took with her lots of the furniture from the house and I purchased her a washing machine and tumble dryer for the new house.

I have offered her half of the equity at the value when she left. is this correct?
SeparatedDads Editor 12/09/2016 at 10:53 am
Yes, you have the right to refuse her entry. As a result, her option may be able to apply for a occupation order through the courts. However, it is unlikely this would reach a hearing date in the four weeks up to the completion of your house sale.
Flash 11/09/2016 at 7:28 am
My wife and I are separated and she's moved out of the house 6 months ago 29th of March and she half of everything in the house. ...the house is sold and I have 4 weeks to move out. My x wife wants to come back in, do I have the right to refuse her entry until I move out
SeparatedDads Editor 01/09/2016 at 12:25 pm
I am sorry to hear this. In this case, can only suggest you seek further legal advice in order to explore your options, as much is dependent upon yours and your ex's circumstances. However, what I will also do, is put an edited version of your question on our Separated Dads Facebook page as some of our other dads (who may have been through similar issues) may be able to advise. Please refer to the page for answers.
Liam452 31/08/2016 at 8:33 pm
Can anyone help - I own a property (mortgaged) solely in my name - mortgage is £700 pcm- the ex girlfriend refuses to leave!!! - there is 4 children 2 elder (someone else's) and 2 younger which are mine - I have given her 12 months to sort herself out while I live with my brother which has now lapsed 18 months as she is refusing to leave - tried a section 21 but as 2 of the children are mine - I cannot serve this - I have no issue whatsoever paying the £180 a month she is entitled to but £700 (mortgage) is killing me!!! - can anyone give advice???
Tia 03/08/2016 at 2:46 pm
Live with partner who's ex wife left the property 4 years ago before I meet him divorce is now going through she has got into the house using daughters key without our knowledge is this allowed
Leah 09/07/2016 at 10:57 pm
Hi my ex has put home right on my house. How do I get him off land registry.
Smartie1 28/06/2016 at 11:16 am
I need advice on matters regarding my ex lying about living in marital home while actually living with girlfriend and changing locks so I can't enter the home that lies empty . He's put cctv in house / refuses to pass on my mail everything's on timers , he has withheld mail of debt then when it gets to point of bayliffs gives them my new address actually wrote to court saying my ex wife lives here knowing they will send bayliffs to house were I live with his daughter who was dreadfully upset when they put letter through saying I've to go to prison if can't pay , he's reported me to housing child tax saying I live with a man getting Benifits stopped while they investagate . I don't live with anyone but daughter / he refuses to have our 17 year old daughter overnight which is horrible as they are so close / stopped paying her phone to spite me as I told maintance he no longer would have overnight /simply because he wants to insure I have no personal life time . He's on 85,000 a year I am on sick due to stress he won't help daughter out who's still in 6th form pays maintance which covers our daily life and sends daughter back in tears as says she can't see him more unless she spends time with his new girlfriend also which she isn't quiet ready to do and daughter is in counselling over his lack of parenting or care for her and she's gone from a star student to c grade since split . He sees older sisters rarely and will ignore them for 6 months at a time . He's caused such a distance between daughters and I with lies and never took parental responsibility for his daughter from previous relationship and left it to her mum . Has refused full disclosure and legal bill so high I'll make nothing out of sale of house as he's created phoney credit card debt in his name only and claims debt from 25 year old marriage he's deferred bonus payments to avoid high maintance payments what advice an you give
SeparatedDads Editor 01/06/2016 at 3:06 pm
I am sorry to hear this. Please see the Citizens Advice whichwhich should explain your rights.
Cookey 01/06/2016 at 9:17 am
Hi I split with my partner 4weeks ago her family are very involved with the split think they have a lot to do with it we have lived in are rented house for 2 years my father put up the 1st months rent and deposit £1500 a lot of money both are names are on the deeds but I'm no longer aloud in the property I haven't been abusive or violent towards her and to be honest still love her but I left with the clothes on my back and nothing else there are kids involved 1 of them been mine and she has 1 to her ex partner what rights do I have please
Ant 27/05/2016 at 3:04 pm
Hi, my partner of two years suddenly switched on me about 4 weeks ago now and locked me out of the house that we rent together, when I returned from work with no clue as to what was going on she had phoned the police told them I was making her fearful and I was told to leave and go and stay with a friend otherwise I'd be arrested for threatening behaviour (even though I wasn't being, they believed her with no proof) so off I went to a friends where I've been since.
She won't communicate with me in any way, all I know is that she is leaving and I can have the house back when she has got somewhere else.
I found out with in one week of being gone that I had a legal right to occupy the property and that she cannot lick me out or even change the locks.
So I went back to the house and got in when she was out. I was good enough to text her to let her know that I was there just so that it didn't shock her when she walked in, however she went straight to the police station and reported me for harassment. Back in February she had me locked up all because I was out a bit later than I had previously agreed so during the heated discussion (we weren't arguing) I grabbed her wrist for a split second as she walked away, I let go straight away but she still phoned the police and for this I received a conditional caution not to upset, distress or harass her and because of the communication I'd had with her through out the week, it could have looked like I was harassing her because I had sent texts wanting answers, trying to make things right with her and ultimately trying to go back home. she only replied to some of the texts and because I had sent more than she had replied to I was arrested.
However the police saw it for what it was, that I was merely trying to save my relationship and get answers from her so I could work out what I need to do. Because she ignored most of my questions, but I had no success and had gotten fed up asking, so for the couple of days before I was arrested I had barely contacted her, so I was released no charge.
After that I had to be very careful with what I did because she knew she could get me arrested every time because of the caution. This has now ran its course and I am no longer under caution which should mean that now I can go back to my house and as long as I don't commit any offence or threaten her then the police can't arrest me.
So this morning I went back to my house when I put the key to the lock it wouldn't fit, I went round the back and the same there, she has changed the locks on all the doors. So not only is she breaching my right to reside in the property she has also breached my right to access my things. Is there anything legally I can do for this?
I don't know if she has applied for an occupation order or if one has been granted from the courts as I am not receiving any of my correspondence as she will not allow me to even contact her to arrange collecting my post and she doesn't have my a
SeparatedDads Editor 19/05/2016 at 11:42 am
If you still have the order, then I suggest you seek legal advice to see whether the order has any standing and/or whether you have a case to take it to court and I should do this asap.
chazza2201 18/05/2016 at 4:07 pm
My wife and I bought a house just after we married, joint mortgage. I left her after ten years of the marriage. As we had young children I left the home and moved out. We drew up a consent order which stated I would receive 50% of the equity valued at the time I left. She asked me to release the deeds so she could remortgage, which I did for the sake of my children. I've paid maintenance from the day left, never missed a payment. She is now about to re-marry and is selling the house but has reneged on the deal we struck a few years back even though I have asked her amicably. Do I have any rights\entitlement to some of the equity once sold. I should add the consent order was never signed by either of us we just finalised it then left it on file. Any advice would be gratefully appreciated.
SeparatedDads Editor 17/05/2016 at 12:50 pm
You would have to seek legal advice regarding taking the matter to court in order to force the sale.
aslam 16/05/2016 at 6:14 pm
Hi I bought a property about 30 years ago the mortgage is in my name and my wife has put her name on the property. I had 4 children with her but they are all adults now. I separated from her many years ago and now want to the sell the house. She is still living in the property with one of our sons who is 33 years old. She want buy me out nor will my son. What are my options
SeparatedDads Editor 10/05/2016 at 12:29 pm
You don't say whether the house was owned by you before marriage, if so, you have a better chance of being able to keep your house, especially if your marriage was short. However, if you bought the house between you and you have no children, then regardless of who pays the bills, your husband may still have some claim as the house will be considered a joint asset because of your marriage. I suggest you seek legal advice so you can find out in more detail where you stand.
Annabella 09/05/2016 at 5:10 pm
I am in this situation where my husband has not contributed anything to my house for the two years we were married. Even council tax I have been paying it and he had an affair now he contacted the Land Registry to tug my house. How do I deal with this messy he wants my house. His name is not on it and has never paid any rent.
sabz 05/05/2016 at 2:39 am
Hi been married 13yrs having issues in marriage husbnd has left martial home via social services he has changed the bills he was paying out off his name stating he has sold the property in worried it a joint property mortgaged can he do this without my knowledge I hav three children under 18 work part time can he stop paying the,mortgage how would it work as he no longer lives here
Tommy1 28/04/2016 at 10:15 am
Hi I split with my ex a year ago I allowed her to remain in MY house (she's not on the title and never contributed a penny) we never married she moved in with me...
I told her I wanted her to leave when she had a mental breakdown She informed me she has borderline personality disorder anxiety and PTSD when we last spoke some months ago I supported her at first as best I could but then I learned she had started making wild accusations of domestic violence, harassment, and emotional abuse etc at the beginning of this year.
Since this started I have recorded every meeting (unknowingly to her) simply to help protect myself.
The good news is she has now moved on I sent her a "notice to quit" and an inventory of the items she should leave behind when i was informed she intending on moving out by a friend I sent it signed for by Royal Mail and have a proof of delivery signature and a witness to prove postage of said documents...
I can prove purchase of the inventory items before she moved in the house.
Good news she has finally moved out of my house bad news she cleaned me out and changed the locks (i had a friend go round with my keys after been told she had left) my friend could only look through the window downstairs and told me she had left a real mess and that she had taken some items on inventory namely the more expensive items...
I'm now sat scratching my head thinking what should I do? Is it a criminal offence to take my things and also she changed the locks without my consent or knowledge I moved out last year and let her stay due to the kids I didn't want to upset them
Angus 09/04/2016 at 2:00 pm
Seperated 15yrs. I moved out then to live with another. Wife living in house only paid mortgage last yr, ive paid mortgage 14 yrs. I want off mortgage and take all of insurance payment that coveted mortgage. She paid me 35 thousand when i left. Now she says she wants half of insurance payment .Can I refuse?
SeparatedDads Editor 01/03/2016 at 1:54 pm
This is a tricky question and one you would need to seek legal advice on, as to whether the money you have been paying is could be construed as rent. Also, if your wife is on the deeds, it would have to be ascertained whether she was put on the deeds prior to marriage or after. You also don't say whether any legal signed agreement was made between you all, so it makes the question difficult to answer.
hilly 29/02/2016 at 3:49 pm
hi me and my wife have recently seperated we both was living in an extension to her mum and dads house which her dad got the mortgage and I have been paying back for last 13 years at £500 a month I wasn't on the mortgage or the house but recently found my wife is named on it along with her mum and dad I've paid nearly £80000 over 13 years to the property I lived in with my wife am I entitled to part of the house or any monies I've put in
SeparatedDads Editor 28/01/2016 at 12:20 pm
You may wish to seek professional legal advice on this matter, as not paying the mortgage could have repercussions. Also, because you own the house, you equally should have a say regarding who lives in it, should you wish.
webbo 27/01/2016 at 6:03 pm
I am divorced from my wife and currently live in rented accommodation I pay half to the mortgage but now she has moved her boyfriend in am I legally bound to still pau my half and if I don't will I lose my half of the house when its sold when my son turns 18
Beaten&Lost 23/12/2015 at 5:16 pm
My ex owns the marital home and pays the mortgate and council tax bills which is in both our names.
Our marriage has broken down due to his volatile temper, issues of domestic violence for which I want a divorce.
I would like to know if he can evict me from the property where we are still living together as a separate couple (not legally separated).
I have not been in a financial situation to afford my own place and would like to know what my choices are.
I am on a short term job contract and am constantly in fear that if I don't find the next job, I may not have enough money to pay rent if I decide to take a rental property.
SeparatedDads Editor 11/12/2015 at 1:58 pm
If the property is in your name, then theoretically no. However, the other party may have a 'beneficial interest' if your ex contributed financially on the understanding that this entitled her to a share. Also, at the time of your separation your partner could have applied to the court for the right to continue living there, if it was seen to be in the best interests of your child. It sounds like your ex has made a clean break and begun a new life, and has no interest in your property as she possibly would have declared her interest at the time of separation.
Lee 11/12/2015 at 4:08 am
Hello, I need some advice about my property in the UK London.
I am seperated from my ex and we have a six year old daughter who lives in Australia. I have decided after three years apart that I am now heading to Australia to be closer to my daughter and play a significant part of her life. I have no interest in getting back with my ex.
However after speaking to someone they have mentioned that my ex defacto partner (never married) is entitled to my property in London. We lived in the property for three years with our child and then my ex decided Australia was going to be a fresh start. She is Australian by the way. My assets the flat in London is in my name and I purchased it before I met her.
I just need some advice as to can I protect my interests? My ex has a property in Australia but I think her mother has acted as a guarantor so she could get a mortgage. Any advice most welcome?
Thanks
SeparatedDads Editor 08/12/2015 at 10:21 am
Your wife, legally can't evict you from the home you both live in, unless she gets a court order. The Shelter page here will give you all the information you need to know, and your options if you face being made homeless. It also has a live chat, which may help also.
SeparatedDads Editor 08/12/2015 at 9:51 am
In this case I suggest you seek some legal advice. Your wife obviously has rights regardless of whether the house is owned by you and your father, and/or if she leaves, therefore you need to establish your own position in this case.
SeparatedDads Editor 07/12/2015 at 12:20 pm
As specified in the article, 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. The article specifies what those formal procedures are, which includes police access to help you remove items that are yours.
Jonny 06/12/2015 at 1:47 pm
My wife and I own a house jointly, although I paid the majority of the deposit.We have been married 5 years and have a 2 yr old son and my wife is 4 months pregnant. She asked me to move out temporailly as we were having relationship issues. I went to live in my sister's spare room and was going to see my child every Sunday. My wife told me last week she wants a divorce, She has now changed the locks preventing me access, and has also bagged up my personal property into 15 bin bags and told me to remove them or she will dispose of them. I have had to put them in my sister's loft, as I don't have room to put them.. My wife is adamant that she wants to keep the house, and is unwilling to compromise or negotiate in any way, despite going to mediation. My only assets are what I put into the house, and my sisiter has given me notice to leave. I will then be completely homeless. I do not know where I am going to live, nor can I afford to rent in the area. Also, as I part own the house, I may not be eligible for housing benefit. Can anyone advise please.
CK 06/12/2015 at 4:24 am
Hi my wife announced she no longer loved me after her recent unreasonable behaviour was caught out by myself, I initially got her to move out but she then wanted to reconcile but under false pretence to get back in to the property. We have no children the mortgage and title deeds have my and my fathers names on it, no bills are under her name. The environment and way she ended the relationship suggest she planned to execute her ability to get back into the house. I would like to know if when she leaves I can change the locks, give her appropriate access with the supervision of the police to retrieve her belongings as having her live here is prolonging and effecting my health?
Jwill 05/12/2015 at 7:40 am
Me and my kids father got into a fight. We both lease a house together.I took me and the kids clothes out and we been gone for two weeks and I come back and he changes the locks on the house now I can't get in the house now what am I supposed to do.
manalonelostlove 05/11/2015 at 11:54 am
I own the house, we lived in it for 10mths and my wife who left with my daughter 2.5 mths ago has put a file of interest on the land registry.

I delivered all the belongings of hers and those needed by my daughter to her.

I changed the locks as I feared she would come and take things that were not her personal belongings or necessary for our child while I was out at work.

As she has no ownership rights do I need to give her a key so she can access when she wants?
Jojo 28/10/2015 at 7:26 pm
My ex husband moved out after 10 years of marriage. He moved down the street into his girlfriends house. Our children live with me 80% of the time and he sometimes gives me money for child support. He has not paid anything towards the house since moving out over a year ago. I have paid the home insurance, mortgage, property taxes - all the bills and replaced the hot water tank when it burst. We had realtors come through the home to get an assessment done so I could buy him out, but he wasn't happy with the amount and refused, he thought the housing market had gone up recently so he paid a home appraiser to come through to get an official appraisal. The value was less than before so he isn't happy. He wrote me a letter stating that he and a realtor (his friend) will be coming through the home for another assessment and said that I'm not allowed to be at the house when this occurs. I am not comfortable with him in the house that I have all my belongings in (he removed his a year ago) . I have made the house 'mine' again and feel like he keeps invading the space and not allowing me to move on. Can I deny him access? I have offered him an extra $10,000 just to settle fast and move on. I want to keep the house for the kids sake so that they can have more stability. Any advice on what I can do?!
Disgruntled 25/10/2015 at 3:48 am
My ex fiance and i bought a house jointly a year ago and we recently broke up due to a disagreement that turned violent. With wedding cancelled and me having moved out what are my rights pertaining to the house. The bond/mortgage is in both our names although he paid it. I paid the utilities and everything else (groceries, cable etc). Everything in the house is mine too, i accumulated these before and during our relationship (furniture, tv, beds, couches, dishes etc.). He does not want to sell and i because of the situation can no longer live in the house.
SeparatedDads Editor 08/10/2015 at 1:46 pm
If the house is in both of your names, then you will need to get professional advice regarding your options. You don't say whether your ex contributed to the deposit etc and what other investment she has in the property. It would be more beneficial to try and resolve the situation amicably while you are both under the same roof and to decide to sell, or suggest, if you can afford it that you buy your ex out. Mediation, is another option. Please see link: Mediation: What is it and is it For Me? whichIf neither of you can agree, or your ex refuses to attend mediation, then you may have to go through the court process and let a judge decide what happens to the house.
forbsey 07/10/2015 at 11:04 pm
hi, my partner and I bought a house together at the beginning of this year, she paid not a single penny, and moved out after two weeks to live with fella she was seeing. I have continued to pay all mortgage and bills since. 7 months later she has moved back in saying its half hers. She has still not paid anything for the house or its bills. Do I have to let her stay?
morfe 15/09/2015 at 10:32 pm
hi my partner left me and our 3 kids 4 wks ago I've since found out she's been seeing someone else since April She has been sacked for gross misconduct on the same day as her new man he also for gross misconduct
I had to go to court pay £215 for residency order and to ensure that mum herself only to spend times with children not her new man and his family this is much to soon for them they have even requested they don't want to see him at all
My partner is pushing and keeps saying they will see him sooner or later so why not now
She comes to take them out and just sits in my home texting while children out playing
Surely if she comes to see them she should do just that not just sit in my home verbally abusing
Me always Any views thanks Paul
oagy 05/09/2015 at 10:59 am
My wife had an affair and this man turned out to be a sex offender when I confronted her she assaulted me she was arrested and charged we gave 1 son and I decided to move out and let them both reside in the house that we both own she moved a man in after 4 months I c my son regular but she is not paying the mortgage so I was thinking of moving back in but she says I've no right to do so
SeparatedDads Editor 03/09/2015 at 1:51 pm
I am very sorry to hear this, especially given your condition. You don't say what your lawyer has advised with regards to ownership of your property. Regardless of whether you bought your house before the marriage and it was deemed to be a non-marital asset, given the length of your marriage your wife will be entitled to register an interest in your home. Also, while you may have been the bread-winner, much will also depend upon whether you have children and whether she stayed at home to look after the children etc. I'm afraid we can't advise on what a court may decide.
Terry 02/09/2015 at 3:41 pm
I am 70 yrs old and I have been suffering g from memory problems for the last 4 yrs my wife who is a lot younger than me couldn't cope so I went to live with my sister as my wife wasn't feeding me or caring for me. I have been diagnosed with Alzheimer's since just before I had to go and live with my sister. I am in the process of divorcing my wife who has another man in her life. I owned my property outfight for many - 30yrs before I married her. She has now applied to the court for her to stay in the marital home. She has contributed nothing financially to the marriage I have paid every bill, bought all the food and paid for her car and holidays. I now need to return to my home and organise a care package but I am anxious about what I can do to get my home back. My lawyer keeps saying wait till divorce is through but it could be too late for me please help as this is urgent!
SeparatedDads Editor 28/08/2015 at 2:37 pm
It would be better to get this matter resolved sooner rather than later and have to face a court case down the line. Plus, it would be more beneficial to you to have his name removed from the mortgage, therefore I would seek some legal advice to ascertain your options.
SeparatedDads Editor 28/08/2015 at 11:07 am
I'm afraid this is a difficult question to give advice on and you could really do with speaking to a legal professional. If the house was given over to you as part of the divorce settlement, then the arrears will have been your responsibility from that moment on, therefore you would be liable to pay. However, I still suggest you seek some legal advice as a solicitor may be able to find another way to resolve your situation.
Jaki 27/08/2015 at 8:52 pm
I have owned a home with my common law partner for 4 years, we have a 10 year old daughter together. Last year he walked out on me and went back to live with his mother.
He left me with a credit card debt and a mortgage payment that he does not contribute to.
If I continue to pay the Mortgage and decide to sell the home when my daughter reaches the age of 18, will he be entitled to half of the equity even though he has paid nothing towards the mortgage?
Red 27/08/2015 at 10:52 am
My ex partner left the marital home in January 2014 with my children and is living in rented property with another man. As part of the divorce settlement she gave me the marital home, however, it is in arrears and the lenders will not remove her name from the agreement until these are paid. Unfortunately, I am not able to pay these at this time. I have now received a letter from her solicitor stating I must have her name removed from the mortgage by a certain date or I must sell the house. The house is in negative equity and along with the arrears there will be a substancial amount to still pay the lenders. Will this all fall to me to pay? I have
SeparatedDads Editor 11/08/2015 at 12:28 pm
In cases of marriage and divorce it is quite common for the resident-parent of any child/children to be allowed to live in the matrimonial home (which is considered to be jointly owned) so the child/children can have a stable home environment. However, in the case of an unmarried co-habiting couple it is very different and the home will/should remain the property of the person who purchased it (i.e, you). However, where dependent children are involved a court may rule that the resident-parent and sole carer of the child/children may be allowed to live in the property until the children cease to be dependent. Therefore, I suggest you seek some legal advice regarding your options should you and your ex not agree on a resolution.
Lee 09/08/2015 at 8:46 am
Hi, I've recently separated from my partner. We live in a house which I've lived in since 1999 and owned solely since 2006. She moved in in 2010 with her then 7 yo daughter and I've supported them ever since. We have a 3 yo together as well. She has never paid anything and her name is on none of the bills. We are still in the house sort of amicably and no history of any nastiness though clearly need to resolve the situation.
However, the council have advised her that she can seek to have me removed and remain there until the youngest is 18 with the dss covering the mortgage interest in the interim. Does anybody know if this is remotely correct?
Thanks in advance.
Notty 22/07/2015 at 8:13 pm
My wife left the property which is in both our names, but I've solely paid the mortgage for the last 6 years.
We're waiting on appointments with Family Mediation services, and until then the 3 kids spend half the time at hers and half at mine (the original house).
However, she thinks she can come and go as she pleases in the house and remove all the kids clothes, toys and belongings etc. And says she has a solicitors letter saying she can take what is hers.
Where do I stand? I don't mind her taking half the kids stuff, as we have them half the time each (informal agreement), but she's trying to take all their stuff. Any help or advice appreciated.
twinkle 30/06/2015 at 8:40 am
can i be forced to sell the family home even tho i have a toddler , if i can take him off the mortgage , he wants me to sell not caring about our daughter and where we end up its all about hurting me ?
SeparatedDads 29/06/2015 at 2:04 pm
'@Elite_Jay - I would definitely not sign anything until you have taken legal advice. If you don't agree with her proposals, it might be that you may have to take it to mediation or court in order to sort this out, especially given you have children also. But you will have to keep in mind that you have been together for 16 years and you have had a co-habiting relationship. So it might be that while you may have been paying the mortgage, she may have been bringing up the children, which makes it essentially a joint partnership, given she would have had to put her earning potential on hold.
Elite_Jay 26/06/2015 at 6:06 pm
Help please, my Girlfriend of 16 years walked out on me and our 2 children 8 months ago, our mortgage is in both of our names , firstly she states she can come and go into the house as she pleases , now I have received a tenants in common form to sign stating that she will have equal shares in the property, Im confused , I have always paid the mortgage, I don't expect her to walk away with nothing but does this mean that if I cant pay her for the next 5 years and I carry on paying the mortgage that she is still entitled to equal shares in the property?
Thanks in advance
SeparatedDads Editor 24/06/2015 at 10:57 am
@MAL - if you own the property, then you are classed as the 'entitled' spouse or partner. Therefore you have occupancy rights. Advice Now has launched a pamphlet: A Survival Guide to Living Together and Breaking Up, link here which should help you further.
MAL 21/06/2015 at 3:56 pm
my partner has moved out and taken my 6 yr old daughter and i have changed the locks. iam the only name on the mortgage and would like to know her rights to access if i am not in ,at work or unavailable. i have no issue about her collecting personal items when iam at home.where to i stand legaly
Andy Editor 10/06/2015 at 1:45 pm
@Jo - sounds like a bit of a stalemate situation. Presumably, your ex doesn't want to move out until she has the money in the bank, on the other hand you can't address the situation properly until you have paid the three monthly payments. You could offer to get an agreement drawn up by a solicitor that if she moves out, then you owe her the money once the three months arrears has been addressed. Or you could hang fire for three months and pay the mortgage, pay her off and then move in. It sounds like one of you is going to have to compromise, and it's better to do it amicably than not.
Jo 08/06/2015 at 10:49 pm
My ex is living in our joint mortgage house she has agreed for me to buy her out as long as I pay her a small sum (not a lot of equity in the house) I pay the arrears but she wants her name off the mortgage which is what I want but the mortgage company will not take her name off until I have made at least 3monthly payments I have told my ex I will be moving back in with my new partner as she won't be moving out until her name is off the mortgage can my ex stop my new partner legally moving in the property
SeparatedDads Editor 10/06/2015 at 10:17 am
@jj - As specified in the article, 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. With regards to forcing the sale of the house, if you own your house jointly in a ‘trust for sale’ you may be able to force the sale of the property. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold. However, the answer to your question depends on numerous factors, so I would advise you to see a solicitor as early as possible. I hope this helps.
jj 08/06/2015 at 3:19 pm
If the house is still in both our names and I still have personal belongings inside the home. What are my rights. He has moved a female into the home, I have asked him to sell the house and to give me my things. He refuses.
SeparatedDads Editor 09/06/2015 at 12:09 pm
@Skat - I am afraid that you would have to seek some legal advice on this question to see whether it might be worth your while taking it to court in order to get your name removed. However, the fact that you have a young son means the court will look to keeping him in a stable setting and the courts may request that you continue contributing in order to support the welfare of your son. Therefore, speaking to a solicitor would be your best bet in order to get some professional advice.
Skat 07/06/2015 at 12:37 pm
Hi

I need help and guidance. My wife decided that she no longer loved me and ended our marriage. There was no infidelity or unreasonable behaviour.

I am confused about what to do in regards to the mortgage. My ex owned the house prior to us getting together. She was on the mortgage for 18 months whilst I was living there with her mother prior to her mother coming off and me being added. I did not pay any deposit, it was just a straight swap of names on the mortgage.

Although I was not legally on the mortgage until Feb last year I was still paying the monthly bills that included the mortgage payment prior to being added. During thus time frame my ex almost died due to health complications as such I had to burden the costs if paying the home bills. Then when she went back to work she became pregnant again with my son and was on maternity leave for another 9 months that I again ended up paying 75% of the joint bills as well as my own.

I recently asked my ex if she'd consider letting me off the mortgage and both her mother. To my astonishment I was told it would be a stupid idea as I cannot afford a property on my own and neither can my ex. As such I am currently stuck on a mortgage for another four years for a property I no longer live in!

My question is can I force her to sell and if I do, what would I be entitled to? Would I only be entitled to 50% of the mortgage payments for the time I was on the mortgage or would it be for the period prior to that as well?
Paul Editor 08/06/2015 at 1:10 pm
@helnic - There's not much you can do really, except take it to court, which is costly and it's not like you need an occupation order. The fact that you are married, still means that the property comes under consideration as your joint assets. A separation agreement might help to resolve the problem for now. It would give you your own space minus intrusion from your ex other half. If you are continuing to divorce, then you might want to deal with the estate split then.
helnic 05/06/2015 at 6:25 pm
hello I have recently separated from my wife and she has moved into our second home this property is solely in my name. I have stayed in our marital home which is in joint names with our three children. She has now changed the locks for a second time and is refusing to give me a key to access my property where she is staying. Where do I stand in relation to what she has done any ideas thanks
SeparatedDads Editor 03/06/2015 at 10:20 am
@hle - if you do not wish to sell, then you will have to take it to court in order for the court to decide what happens to your house.
hle 31/05/2015 at 10:04 am
I bought a house in joint with my partner now ex lover. We have two kifds together. I am paying for the bond but he took out all his belonging. I changed the locks to be safe. He wants to sell the house and he demand to have the house key . how can I defend myself and keep the house.
SeparatedDads Editor 26/05/2015 at 11:11 am
@kconn - I'm afraid you would have to seek legal advice on this in order to have it drawn up, but the process should be relatively straightforward if you are both in agreement regarding the terms.
kconn 23/05/2015 at 11:00 am
Advice needed please... My wife left 2 years ago with my now 10 yo son. I have kept the family home on with my now 16yo son. There's 2 and a half years left on mortgage which I continue to pay as I always have. My 16lyo son is currently doing his Gcses and will go to sixth form in September for 2 years further education A levels. I want. To pay her off for her share of the property to which she is agreeable. What are my rights? Thank you in advance.
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SeparatedDads Editor 20/05/2015 at 2:02 pm
@Wayne - if your wife has taken the children away and changed the locks, you can go back in to your house. As suggested in the article; 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 in order to gain access, if you can prove that the house is yours. You haven't given much information, about where she has taken the children, but it is illegal if she has left the country with them without your consent.
Wayne 17/05/2015 at 8:37 am
I need advice;

My wife absconded with my childrens, and she locked the house, and changed the locks. Now i have 3monthy staying at my friend's house. Pliz help me to sortout this problem.
Frazzy 11/05/2015 at 10:25 pm
Thanks for the reply. I'm currently on a career break and on income support so couldn't afford to go to court. Yes the house has been adapted and it would be difficult to sell until I go back to work, - I doubt the mortgage company would give me a mortgage during a career break. I guess I'll have to stay put, carry on paying the mortgage and wait until such a time that I can move. It seems incredible that she has so many rights yet walked out of the matrimonial home a year after buying it!
SeparatedDads Editor 11/05/2015 at 10:32 am
@Frazzy - firstly if you have full-time care of your son then she is liable to pay you maintenance regardless. The situation regarding your house is however different and if you have signed an agreement through the courts, then you would have to take it back to court to apply to get the agreement changed. There may be a couple of resolutions to this, the court will allow you to stay in the house until your son comes of age and allow your partner to move in, or, it might be that the court rules that you sell the house, over a specified period of time, and split the equity. I suspect that whatever the outcome, it will resolve the issue for you and allow you to move on with your life. However, the fact that your son is disabled and the house may have been fitted out for him at a cost, might just rule in your favour. Although, this is impossible to predict as there may be other factors that the court may have to take into consideration. I hope this helps.
Frazzy 08/05/2015 at 5:09 pm
Can anyone advise me? My (ex) wife walked out 5yrs ago leaving me to bring up our 4year old disabled child. I couldn't afford legal representation as I was left to pay the mortgage though she is paying me child maintenance. We are now divorced but at the time I signed the Consent Order stating that I agreed to not renting out a room to a lodger, family or friend as she stated that she is on the mortgage (she has a 30% share of the equity) and will force me to sell if anyone moves in. Every year she insists on members of her family to inspect the property. The first year they came they were amazed at the transformation (for the better). I am now in a relationship and very happy and would like to get married. Can my ex-wife stop my partner from moving in? She has also threatened to stop paying maintenance. I depend upon that money as I gave up my job to care for our son. I feel its against my human rights not being able to co-habit. Is this something that could be overturned?
bpep 02/05/2015 at 6:30 pm
My husband and I are separated. He is giving me the house in the divorce. His name is on the loan but both of our names are on the deed. He is renting a house from his best friend. I want to change the locks but my daughter said since his name only was on the loan that I cannot. My attorney told me to change them. What do I do? Thanks!!
SeparatedDads Editor 29/04/2015 at 11:17 am
@Angelsnowstar - I am sorry to hear this and it has obviously come as a blow. It may take a little while for him to come around from this as he may be in a state of shock. The best thing you can do for him currently is to make sure he has plenty of care around him. On a practical level, he should change the locks. If he is does not care about the goods in his home, there is little you can do there except trying to make sure he has the essentials he needs. There things like Freecycle where you can try and source the things and furniture he may need. Other than that, unless he wants to file for a divorce then there is little he can do. If on the other hand his ex may want to claim half the house, then she would have to take it to court. The main thing he needs is emotional care and there are several helplines out there which may be able to help if he is feeling really low. I hope this helps.
Angelsnowstar 26/04/2015 at 5:54 pm
My uncle's wife left him for someone else out of the blue, just left saying she didn't love him anymore and that she's met someone else and walked out of the house that was four weeks ago he is absolutely devastated he then came home from work one day and she had went in and left him with nothing in the house I told him he shouldhave changed the locks on the door it is a bought house in both their names but he doesn't care saying it's only material things I think he is totally depressed he has worked hard all his life now can't go to work, she also cancelled things that were in her name as well as left him with nothing what should he be doing legally next, he brought her children up but now left home please please help because I'm afraid of what he might do
SeparatedDads Editor 28/04/2015 at 12:18 pm
@Bumble - he really would need some legal advice. He may be able to get some via Citizens Advice. According to the Citizens Advice page, whichIt says: 'If your partner is the sole owner, you may have no rights to remain in the home if you are asked to leave. However, if you have children, you can ask a court to transfer the property into your name. The court will only do this if it decides it is in the best interests of your children. It is usually done for a limited period, for example, until your youngest child is 18 years old. If you don't have children and your partner is the sole owner, the only way you may be able to claim long-term rights to the property is if you are able to show you have a 'beneficial interest' in it. This is a way of getting a court to formally recognise contributions you have made towards the home. The court could also recognise an understanding you had with your ex-partner when you bought the home that you would have a share in it if it were sold. If you are able to prove you have a beneficial interest in the home, you may be able, for example, to get the right to live in the home, prevent your ex-partner from living there or get a share of the proceeds if the home is sold.' You can find this information under the heading: Owner-occupiers - Living together, along with other information regarding your co-habiting rights. I hope this helps.
Bumble 25/04/2015 at 3:35 pm
Hi
My sons abusive partner has moved out of the family home and wants to take their daughter with her. They both share perennial responsibility but his partner and her father hold the mortage on their home even though my son make all the mortage payments they now want him to move out so they can sell the home. He cannot afford a solicitor. What rights dose he have regarding the house and can she just take their daughter from her home without his permission
SeparatedDads Editor 20/04/2015 at 2:41 pm
@h - You would need to follow the advice laid out in the article under: Your Options, beginning with trying to resolve the situation amicably. I hope this helps.
h 18/04/2015 at 11:50 am
I need some advice
I half own a house with my mother.
We have had a falling out and she has basically kicked me out and within 2 days she has changed the locks and wont let me in please help me i dont know what to do
SeparatedDads Editor 10/04/2015 at 11:03 am
@Samantha - if your divorce is going through court you should be eligible to half the house as you are married, despite what he says. It may be that the court will take into account that he has paid the mortgage for a period of time, but this is your asset too and you have rights. As specified in the article 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. If you can't agree between you who should live in the house then you can take it to court either for an Occupation Order, or you can ask the courts to force him to sell in order to release your portion of the funds. I hope this helps.
Samantha 08/04/2015 at 9:31 am
I have been separated from my ex for 2 years now. We took out a joint loan 7 years ago. He forced me out of the house because he said he pays for the mortgage. I rented a room out. My name is still on it but now he has changed the locks to the house so i dont have access. We have just started to divorce. Please help. Dont know what to do...
SeparatedDads Editor 01/04/2015 at 12:49 pm
@amo - If you can't sort this issue out between you, I'm afraid you would have to take this to court and let the court decide who should live there.
amo 30/03/2015 at 4:47 pm
Myselp and my wife have 5 sepearate, and i have left he property and living renting. My wife and my two children reside in the property ive left, even though the property is sole my name and i am making monthly mortgage payments.

Recently my wife has changed the door lock and refuses me from seing my children.

What action can i take?
SeparatedDads Editor 30/03/2015 at 10:58 am
@woody - I think you really need to take this to court and ask the court to force the sale. If you own half the house and are still paying the mortgage, yet your ex-wife's partner is living there and your children are grown up, you stand a very good chance of getting your house back. Please see the article from our site Divorce Resource; Can I Legally Force My Ex to Sell Our Property? whichIf the ruling goes your way please ensure you keep on top of this with the estate agents, as people can dig their heels in when coming to sell the house by putting off potential buyers etc in order to drag the sale. I hope this helps.
woody 27/03/2015 at 1:31 pm
i have been seperated from my wife for five years i will be divorced in april 2015 i still pay half the morguage and left leaving furiture behind my children still live at home both grown up 27 and 24 i have asked her and her partner to buy me out to no avail what can i do i want to buy a flat and move on
SeparatedDads Editor 27/03/2015 at 2:38 pm
@Icequeen - if he is being difficult you would have to take it back to court in order to force him to have your name removed.
Icequeen 26/03/2015 at 11:04 am
My husband and i divorced over 2 years ago. He got the house so now he doesnt want to remove my name on the bond. My credit is hindered because of that and i cant buy a house for my kids and i.
Icequeen 26/03/2015 at 11:02 am
My husband and i divorced over 2 years ago. He got the house and my kids and i relocated to my mom's. He was supposed to remove my name from the bond in which he did not do till now. The house still in joint custody. I cant buy a house because of the existing bond. My credit record is hindered because of that. Please help.
SeparatedDads Editor 25/03/2015 at 11:43 am
@shaun - you would have to take it to court. However, given you were married and your wife and son are living there, it is jointly owned by your ex and the courts are likely to favour her living there with your child. If she can't afford to buy you out, then it is also likely the courts would award a time limit to live there i.e until your son comes of age or your ex meets someone else and wishes to co-habit.
shaun 22/03/2015 at 12:46 pm
Need Help, I need to sell my house I purchased , its in my name only, I did purchase it while married and we did have one child, I moved out approximately 7 to 8 yrs ago she live there with the children and she is unable to buy me out, am I allowed to sell this home.

thank you
SeparatedDads Editor 24/03/2015 at 2:49 pm
@The feegs - as specified in the article, 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. Then your ex may be able to take you to court to apply for an occupation order, in which case the court will decide who should reside in the house. I hope this helps.
The feegs 21/03/2015 at 9:45 pm
me and my fiance of 8 years of separated can I change the locks without being arrested I know it sounds like a stupid question but whatever
Dan Editor 20/03/2015 at 3:15 pm
@jodes - You need to apply to court for an occupation order and let the court decide who should live in your house.
jodes 19/03/2015 at 7:04 am
Hi, my husband and I have separated and he said I could stay away for a few days but now wont let me live back in our marital home, what can I do as im with a friend but cant be like this forever
SeparatedDads Editor 19/03/2015 at 11:32 am
@Dave - as specified in the article 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. Which is what has happened in your case. Should you need to gain access or retrieve possessions left their, you need to follow the procees listed in the article under 'Your Options'. I hope this helps.
Dave 16/03/2015 at 9:53 pm
Hi I'm separated, and was in a civil partnership I live in Scotland and have a joint mortgage although I haven't live in the house for round 15 months she has changed the locks can she legally so this? Does anyone know? And what can I do if I want to enter the property as I have some stuff there etc
Hammerwell 03/03/2015 at 12:10 am
Hi , I'm looking for some advice , Me and my partner both had a house each when we met & she decided that we should move in together , but sell both of our houses and buy our own . We put them both up for sale and hers sold first , so she decided to move in to mine & pay off the mortgage untill mine was sold . She wanted to get her daughter in to a school so we had to look at taking out another mortgage between us , but because non of us was working at the time we struggled to find anyone to accept us . However she managed to find an accountant that forged some documents and we was offered a mortgage. I felt uncomfortable about it at the time because we could barely live without having a mortgage , so taking on a1n extra bill just didn't sit right , I explained this too her and said we could just go somewhere else and cheaper while still being in the catchment area . Her daughter never got offerd a place at said school , so we decided to stay put and wait untill our circumstances changed.
Because she had just gone through a hellish divorce and was told that her ex could have a claim on her home for up to 5 years after the divorce, she didn't do anything about being put on the deeds of my house . She then had a breakdown due to alleged child abuse and pushed for diagnosis of personality disorder , she kept on trying to overdose .
The relationship started to turn sour in the first year , but she just told me it was down to her illness & she couldn't show empathy or anything to partner's and she was getting help with it . We ccouldn'td on with no relations between us for the next 4 years , again her taking regular overdoses everytime I would try to get out of the relationship , each time I would feel guilty and stay , mainly because of her daughter , I felt she deserved better in life and wanted to help her as her dad just payed her off when ever she asked for money , he wouldn't spend any time with her during her mums stay in hospital or when she was out , (it was just a money thing for her).
Eventually we got on the subject of the deeds again and arrangements were made to visit the land registry office to get her name added to the deeds, when we got there we were given some forms to fill in and had to have photo's and forms signed . Normally I would do everything to get it sorted , but I was told by her mental health worker that she has to learn responsibility & I was to leave her to sort it out . 6 months later still nothing done .
One day after feeling so neglected for 4-5 years and by total chance I had a one night stand but as soon as I had done it , I went straight home and confessed to what I had done , thats when the relationship was totally over between us. We have continued to share the house and she was going to move out , we had made a arrangement that I stay in the house and she could come back when ever , if things didn't work out in anyway and we would just live as friends , as I didn't want another relationshi
SeparatedDads Editor 04/03/2015 at 11:44 am
@Angel - you would have to take it back to court and apply for an occupation order and let the court decide. At least then you will have official permission. Changing the locks could lead to repercussions and retaliations from your ex, that's why it is probably better to do things by the book.
Angel 01/03/2015 at 10:11 pm
I am going through a rather messy divorce. I have been told that it is not safe for me to live with my husband. I own our house and the deeds are in my name. My 7 year old son and I have been staying with friends, whilst my husband lives in the house that I currently pay all the bills and mortgage for. The court has given me sole responsibility for my son. I can no longer stay where I am, I want to return to my home. My husband will not move as he feels he has a legal right to our home. He accused me of halming him a few months ago. I was put on bail and the terms were I couldn't return to my home. No further action has been taken - thankfully the police are aware I am the victim, not the perpetrator.

Although my husband has misled the police and accused me of a malicious allegation it seems there is nothing the police can do to help me. I need my home back because where we are currently staying is too far from my sons school.

There are various orders including occupational orders and non-molistation orders which have been listed at the family court for a date in July be discussed. I cannot wait that long to return to my home.

Can I change the locks on my home and stop my husband returning? It seems to be my only option right now
SeparatedDads Editor 20/02/2015 at 2:48 pm
@Abandoned - I am sorry to hear this. You may have to seek legal advice in this case, especially about selling your house when your husband has left the country. In the meantime I should also chat to the National Debtline, whichThey should be able to give you some constructive advice.
Abandoned 19/02/2015 at 9:16 pm
I have been married to a turkish man in Turkey , we have 3dependent children.our relationship has broken down due to his alcoholism.we were married for 16years. We are both joint mortgage owners of our home but most of the mortgage is outstanding.he has lost his job due to his illegal actions towards our children and has now run to Turkey leaving me to pay the mortgage and keep our children , I do work .i wish to sell the house and downsize how can I do this now he has left the uk and is out of contact does any one have experience of this nature and how it was successfully resolved
Billy Editor 13/02/2015 at 3:05 pm
@mz - you may need to take this to court for an occupation order, in order to try and make sure the house is handed over to you and the children to live in.
mz 12/02/2015 at 10:44 pm
hi,plz help. i have left my ex and taken my children out of our jointly owend home. he was verbuly abusive towards me in front of my children and towards them.i am staying with my da at the moment as he is refusing to leave the familey home.i cant stay where i am,i cant live with him but i cant afford to rent anywhere else. the social wont help me with housing as i own my own house. can i bring him to court to get him to leave the familey home so i can return with my children?
Sasha Editor 27/01/2015 at 2:19 pm
@Bells - given that she has spent much of her life living with you and sharing your house, can you not help to pay a deposit and a month or two's rent towards a new place? You have had a common-law relationship, perhaps you could help her find her feet. If you were married, she would have automatically been entitled to half of your home regardless of what she paid, so perhaps it is the least you can do. In comparison and for a minimal cost, that way you will also release yourself from the problem.
Bells 26/01/2015 at 3:16 pm
She knows that she doesn't part own it, but according to her she has nowhere to go, she can't afford somewhere else and she will not be housed because her youngest is 16. She also said that her daughter has got exmas in the spring and we will try and sort something out in the summer. I came home today to find a letter from Eon to say that the direct debit has been cancelled, so not ony does she want to be staying rent free, she won't be paying any of the bills either!
Kel Editor 26/01/2015 at 12:20 pm
@Bells - It depends on how reactive she is. One route is to ask a solicitor to write a letter on your behalf, laying out your rights as owner and giving her a specific moving out date. This means you are not directly throwing her out. Or if you don't want to go through a solicitor you could tell her she has 'x' amount of time to move out her belongings and take what is hers, otherwise you will be changing the locks. I don't know what she expects you to do, does she think that she part owns it?
Bells 24/01/2015 at 12:04 am
Hi, I would appreciate some advice on my predicament:

I lived my girlfiriend in her rented house 8 years ago. I saved up enough money to buy my own place and she agreed to move in with me and her 2 chidren also came with her five and a half years ago. I am the only person on the deeds and I am the only person on the mortgage, although she does pay gas/electric/water & food bills whereas I pay the mortgage, council tax, broadband etc. Although we got engaged, we never married and since the relationship has broken down, I want her and her 2 children to move out (16 & 17 years old). However, she obviously doesn't want to leave as she considers it her home and says that she wont go. I would love to be able to work out her leaving between us but she is adament she is going nowhere. Where do I stand legally and what advice would you give me? I don't particularly want to change the locks when everyone is out, but am I entitled to do that if it comes to it? Many thanks
denzil 03/01/2015 at 6:13 pm
hi there. bit of advise please. my wife (separated but not yet divorced ) is threatening to move back even though she has flat which is being paid for by benefits. her name is not on land registry or mortgage and she hhas not paid anything towards house costs for 9 months. my solicitor says shes entitled to return but is this right? ? as paid nothing either mortgage or loan on house taken on for improvements. im paying it all. can she return. very nasty unreasonable person
js 25/12/2014 at 11:37 pm
Hi! Recently my ex and I divorced. I was given the liberty to remain in our house that we purchased together, while he had the responsibility of placing the home on the market after the divorce. Since then, i have moved out, and he and the children are currently residing there. I feel as though he will never put the home on the market, and that if i ask/tell him to leave, he will try to do something to prevent the marital assets from being divided. I have already told him to place the home on the market, but has not done so. Should i tell him he has 30 day to move out, and put the house on the market? how do i make movement on this issue. Thank you!
Damo 21/12/2014 at 10:32 am
Hi - My partner kicked me out of house last night. I have lived there for 6 years and paid half the mortgage and bills all that time. However I'm not on the title deeds. Partner solely owned the house for 2 years before I moved in. We have two children under 4 years old - Can she do this to me? She took my keys away from me too. I think she can't do this?!? Note - I was kicked out because I got home late after a night out with friends - we have never had any domestic problems.
SeparatedDads Editor 17/12/2014 at 12:21 pm
@beach boy - you may have to sell the house if it is part of the divorce settlement. Regardless of whether your name is the only one on the deeds, by the fact you are married means all assetts are considered jointly owned.
beach boy 17/12/2014 at 1:43 am
my wife left not been long my name is on mortgage only but im not but I think she may have signed a paper could e the deed not sure doi have to sell house
Kwikamismaxamis 13/12/2014 at 8:13 pm
Recently I caught the mother of my child cheating I am not married to her and I solely own my home the day after she filed for joint custody of my daughter and told me she changed her address but all of her belongings are still in my house can I change the locks on my door and do I have to also file for custody im clueless and need any help I can get and she also leaves my daughter with me all the time and leaves then comes back she has no communication with me and will not tell me anything what should I do
SeparatedDads Editor 04/12/2014 at 10:03 am
@emmsie27 - as specified in the article if you want to regain access, you should follow the steps laid out starting with writing a polite letter. When a property is jointly owned, then your ex has no right to change the locks without your consent becuase as co-owner you have a right to enter and/or occupy the property if you so wish. Your ex could file for an Occupation Order, but the only reason he would get one is if he could prove to the courts that there is a valid reason why you should be excluded from the house (i.e previous domestic abuse) etc. I hope this helps.
emmsie27 03/12/2014 at 3:14 pm
Me and my ex partner own a house together, which he currently resides in. He is not in the country at the moment and has changed the locks without me knowing or telling me he was going to do this. The house is on the market currently, where do I stand in this situation?
Tel 24/11/2014 at 2:25 pm
My wife and I jointly bought a property three years. We have reached a stage now where we will be splitting up and probably be divorcing. I want to sell the property but she does not. Can I force the sale?
JillB Editor 13/11/2014 at 12:16 pm
@h - I suppose it is theoretically your partner's house, as you have your own. So, probably yes it's OK for the son's to change the locks, but it does seem to be a bit of an extreme reaction.
h 12/11/2014 at 8:19 pm
I have lived with my partner for over two and a half years, we live in my home and in his depending on where we want to stay. We are hardly ever apart. He had an accident abroad when we where on holiday, and has been in hospital for 3 weeks, over there. I had to come home and one of his sons flew out to be with him. The other son, then took my house key, that belonged to his dad's house, and changed the locks, so I could not enter. I have looked through the windows and have seen the furniture has been moved. Do I have any rights to regain the keys? The boys have never lived with us and I have only met them briefly in all the time together.
SeparatedDads Editor 21/10/2014 at 12:24 pm
@ zenoah - have you contacted the police? If she has sold all your belongings and won't let you back into the home then it is probably something that needs to be sorted out by an official third party.
Sturz 01/10/2014 at 3:55 pm
I left my wife a year ago and she remained the house. I have continued to pay all bills and mortgage and have been renting. But my job is ending and I cannot afford to rent and pay her mortgage and bills so I a. Thinking of returning to the home until it has sold. Incentially I have said I will give her the proceeds of the house. Can I move back?
Tim 01/10/2014 at 1:45 pm
I moved out of my home as my wife was violent, over our 48yrs of marriage, we are divorced now house is for sale but she has changed the locks and refuses to let me appoint another estate agent to value the property, as the one we have is hopeless, but she refuses to let me have access to the house to revalue it. Without going to court again and spending money I havnt got, she doesnt want to get out and sell it and refuses to drop the price as she has been advised by the agent to do. She has claimed back £ 6,500 PPI on my business which i didnt know she had done and she refuses to give me any of it. Can I break in to show another agent around as the house is still half owned by me. this has now been going on for 4yrs. Can someone help as I want to move on with my life, and get my share of the house.
Cushski 24/09/2014 at 4:23 pm
Hello, i hope someone could help me here. I moved from the UK to live in the Philippines back in 2003 with my wife (Filipina) and my kids (born in the UK and have UK passports) . To cut a long story short i went home 1 night Feb23rd 2012 to find out all the locks had been changed etc. It was after she found out i had filed for an annulment here as no divorce law, after i caught her having an affair. Well now 2 years and 7 months later ive finally been granted access to my children and also so of my belongings from the family home.
So here is the question or if anyone has a form i would be grateful. I want to just take some of my clothing this coming Saturday when i can get my first visit to my children. My ex has agreed, well the clothes wont fit her! So i need a legal form where it shows what items i have removed with both parties signing it etc just incase she turns the situation around again where i could get in the crap. If anyone has any such legal type for please get back to me ASAP.....Thanks in advance
bal harbour 20/09/2014 at 3:02 am
My wife and I are going thru a divorce. She had called police a while back and said I threatened her. Well I did blow my top when I found out she was cheating on me. So a restraining order was in effect and I hadn't access to the house. I finally got a judge to let me in there and found that most of the community property was removed, tv's, tools of my trade, my leather jackets(3), lawn mower , aircompressor, automotive tools and much more. We had gone to Mediation prior to this and had settled some things but only a few things were discussed. So how do I get my share of the property back?
Helsey 19/09/2014 at 1:07 am
I was recently left a house by my very good friend who died, now I've been told the house goes to his ex wife who the solicitor forgot to take off the land registry 32 years ago when he divorced her for committing adultery and being an alcoholic. I don't know who the solicitor was as it was a long tome ago. Also this woman has had two other husbands after my friend and has a criminal record for drink driving and assault, so this person I know my friend clearly would turn in his grave if he knew it was going to this awful woman. Can anyone one please help with any suggestions?
gurt Editor 04/09/2014 at 2:12 pm
@scotty, yes this is correct, you can't change the locks on the house if your wife's name is still on the mortgage.
scotty 03/09/2014 at 10:19 pm
I changed the locks after my wife left due to seeking the affections of another man, she came back home some 6 weeks later and I got a solicitors letter asking me to change the locks back as her name was on the mortgage and she was still legally allowed to live in the house.
WALT Editor 02/09/2014 at 2:14 pm
@tbone, as you are still married you cannot legally change the locks on the house that you lived in as husband and wife. Once you are divorced and the property and any equity has been split you can then do as you please with regards to the house and her access to it.
tbone 29/08/2014 at 3:47 pm
Hi my wife of 6 years has left me and gone to live in one of my rental properties is she legally allowed back in the house which I have owned for 20 years long before we met, she hasn't got her name on the mortgage or title deeds of either properties everything being in my name and I pay the mortgages and all the other overheads??
AndMav 15/08/2014 at 7:32 pm
Hi. I separated from my wife in Jan 2013 and got divorced beginning of this year. I had moved out of our joint home and I was happy for her to stay at the property so it would not uproot the kids but the problem now is that she is not paying the full mortgage amount and has fallen behind with her payments. I would like to sell the property now but I am not sure how I would stand with the kids in the property. I would prefer to have my name removed from the mortgage as this is starting to affect my credit and I have never had a bad credit rating before. How can I proceed?
Gem33 09/07/2014 at 5:08 pm
I am angry and saddened at reading these comments as most people done know how to go about forcing sale of a proerty when you find yourself split from a partner that you are not married to.

I have and am going through the same thing and it can be done. It's not easy but it wont cost thousands in solicitors fees, etc.

You can do it yourself. Depending on your circumstance as each is different but I am happy to help
Belinda 10/06/2014 at 3:03 pm
question.my estranged husband moved out a year ago my choice but he agreed at the time it was for the best. i have just found out the he has been letting himself in and using the toilet and my food surely he shld let me kknow if he needs access to the house i should be eentitled to some privacy ? thanks
Rani 05/06/2014 at 7:11 pm
My Ex and I own a home together as joint tenants. our relationship failed so he told me I had to move out of the house. Not knowing my rights at the time, I listened to him and have been living on my own for a year now. I spoke to a lawyer who told me my rights and for the past few months my Ex and I have been trying to settle everything without going to court. Now he has decided to not agree to the terms that he had agreed too, so I think its fair for me to have access to the house since he is not willing to pay. Am I entitled to get my keys back and what steps do I have to take in order to get my keys back.
the milkman 29/05/2014 at 9:03 am
my wife moved out 3 months ago. she is now living with her new boyfriend.she has removed all of her bits and pieces but refuses to give back the front door key as she thinks it will affect her rights in the divorce is this true? if not then can i change the front door lock without any legal recourse?
jimmy 23/05/2014 at 4:56 pm
Can my ex partner take items out the house without my consent
confused 22/05/2014 at 12:53 am
My husband of 15 years left me for a woman he has been having an affair with for several years. We have family home and own rental property. He moved in to the rental property with her and is living there with her. I am out the rental income. Is there any way to have her removed. I also have a protective order against her. Am I allowed to go to the home if I give advanced notice? He is stopping by the family home I live in un announced and taking things from outside (garage).
INGLES 21/05/2014 at 2:47 am
Iam now single gay guy who allowed my ex to take take share in my home back in 2007 he only paid for several yrs but has not paid anything since 2011 towards the mortgage payments i cannot trace him iam now in arrears put the place on the market found a buyer but i need my ex to give instruction but he is no where to be traced not been seen for over three yrs now what can i do
SAD 07/05/2014 at 1:40 am
My husband has been having severak affairs the latest with a married woman we have been married 18 years and have 3 children husband is moving out soon children will remain with me he wants to take some furniture with him is he allowed to do this or do we wai or the settlement if so how do I stop him
BarrieS 03/04/2014 at 11:29 am
Hi, I am separated, my wife left me and moved out of the home 2 years ago. She took all the cash and I was left to pay the mortgage, credit cards and loans. She was violent throughout all our 20 year marriage, both verbally and physically and now she is bullying me over the phone that she can move any time she wants to, that the house is hers and she will not let me have it. I am afraid of her, how can I stop her from moving back? My question is, if I keep paying the mortgage, will that count when we separate legally or will the house be split 50/50 when it's sold? If I make improvements to the house (the bathroom and garden really need repairing), will the money I put into it be paid to me when we split the house? And finally, would really love to keep the house, but she said will not sell it to me, so, can I buy her half even if she doesn't want to? PS: don't know if that matters, but she makes and always made more money than me and we have two boys who are over 20 years old. Thank you
mumof2 07/02/2014 at 7:31 pm
my ex partner walked out xmas eve 2013 after i found out he had been having an affair he moved in with the lady my kids were left in a mess i had to pick up the peices and get them back to normal our home is paid for and in joint names ive lived there with my kids for past 12 months and paid all bills and looked after kids hes paid nothing towards our kids ...the house needs some work and because of lack of money i can not get it ready for market,,ive just found out that he wants the house to go down hill so he can get a low vaule for it and then he wants to buy me out he told a friend it wont be long as i carnt afford and i will come in for the kill taking it of us but i have to keep a roof over my kids head i would love to turn the tables and take him for more than half but dont know were i stand after all he did walk out on us can any one give me some advice thanks x
vicky 06/01/2014 at 10:54 pm
My ex of 3 years ago bought a house and both our names r on the house.he left 2 months after we bought it and hasn't paid anything.he refuses to sign off but since its been so long can I have him removed?
dhan 20/11/2013 at 8:32 am
Q : After we were thrown out of the country of Uganda the house was bought for my brother who is autistic but as to help my sister's name was added in the ownership and my brother now ended up living with me the whole house is used by my sister and her kids.
She died and her husband died too. She is only 3 re on the ownership Now the children is denying even an entry to us please advise the best to do as we cannot afford to hire a lawyer
tina 06/11/2013 at 2:13 am
my ex-husband doesn't want to split to relationship property even though the court order says that we need to split the chattels equally. I am not sure what to do as I don't want to spend another thousand of dollars by going to the lawyers and then going to the court. Any advice would be appreciated. Please help?
Sherri 18/10/2013 at 6:48 pm
Own a house with a man for 9 years. I am on disability and he knew that before the house was purchased. We have split up. I moved out. He lives there and has locked me out and now had a girlfriend living there. The mortgage is in his name not mine, but the deed is in both. Can he move her in??
Wendy 10/10/2013 at 12:50 pm
My husband has moved in with his mother 6 months ago, he doesn't contribute to the mortgage bills or even maitenance to our son, I am just about to start divorce proceedings, we jointly own the home my son & I still live in. My ex is continually going into the property when I'm not there.even staying on occasions when I have stayed with friends, I have to have my personal post delivered to a C/O address. I have requested that he does not enter my home without my knowledge but as with any requests for maintenance or the like he totally ignores all correspondance. Can I change the locks? I feel he is invading my pricvacy and using this action as a way of intimidating me. What steps can I take?
Yorkshire 26/09/2013 at 11:21 am
Recently, my partners wife has left a note to say that she has left and implies that she is not intending to return to the marital, jointly owned home. She has had an online liaison and has taken a holiday immediately after she left the note. She has arranged mediation for the financial aspects and says that she will contact him. Can the locks be changed on the home? I do not live with my partner and at the moment do not intend to so. His wife discovered his affair with me and they stayed together until this event.
Banana Man 31/07/2013 at 7:37 pm
When I Have children for 5 days at time my ex wife gives me no money towards the cost of their food although I am still paying the maintenance,for them into her bank account. Although I pay towards their up keep I get no tax credits at all now.Men do not have equal rights.I would not mind but it was my wife who was seeing someone behind my back,she is doing everything to take me to the cleaners.She came into the marriage living on benefits.I even brought her son up from 9 years old until he left home.So do I have any rights or is it the same old story the man gets diddly squat.Proving Equal rights do not apply if the women is likely to loose out in any way.
nic 09/07/2013 at 10:06 pm
i`v been living in my family house for 5 years after my husband had a affair and cocain abuse, his name is is on the deeds, but he is married now for over two years, sunday he broke in to the house and stole my partner car keys , can he do this? and what are the laws about this we feel unsafe in our own home
Frightened 14/02/2013 at 6:19 am
After 22years together 8 of which we where married I left my husband due to his alcohol addiction and abusive behaviour. I had to move out of our marital home as he was making threats to kill me and police where very concerned for my safety. That was 5 months ago. My husband has now rented our house to someone and gone to live elseware. There has been no settlement made on the property and many of my personal belongings are still there as I had to leave in a hurry for my own safety. Can he legally put tenants in our home before any finance settlement is made?
Neil 02/02/2013 at 12:09 pm
Can my estranged wife enter my property? We split up 3 months ago and she moved in with her mother. Since then I have remortgaged the house and paid her off, but she refuses to hand back the front door key even though the Deeds have been changed to my name. She now wants to come back and reclaim "her" property. I have no problem with her taking the rest of her clothes and a few personal items, but she says she wants household items like the TV, the living room rug and even the curtains! I have told her to get stuffed but she is now threatening to turn up with a removal van when I am not here. What are my rights?
M 25/01/2013 at 12:35 pm
My husband and I have been seperated for 2 years and are now going through a financial settlement and divorce. Although we have both submitted our E forms our house valuations are £20k different. My husband who still lives in the house had 3 independant valuations and I had 1 but with such a difference I am now asking to have two more of my own. He is refusing me access to the house. I still own 50% of the house and believe I have every right to access the property and obtain my two valuations albeit restricted by my husbands timings etc.Can I apply to the court for access on my own or do I need to do this with a solicitor? Will it cost to me a lot to force this issue? I believe my house to be worth more than his valuations otherwise I wouldn't bother and this is very important to the final outcome of the financial settlement.
djer 18/01/2013 at 5:34 pm
My ex and I bought a home together after the birth of our son. He had a lot of debts prior to this which I paid off from the sale of my soley owned property. After paying £20,000 of his debts and putting up a £6,000 deposit on our house things changed between us and I left. He continued to pay the mortgage which went out of his account and I ended up in a rented house with our son having left all of my furniture behind. He didn't pay maintainence for the first 2 years we were seperated and is now in another relationship. The house is in both of our names but he is adamant the house is his. He is putting it up for sale at the end of the month and I am concerned that he will get all of any equity that may be made. Help! What are my rights and what should I do? Due to the finances I mistakenly poured into my ex-partner and our home I am now in debt myself.
John 14/01/2013 at 6:20 pm
I moved out 7 years ago paid the mortgage the first year amd then thousands in support daughter is 21 now and she still refuses to sell what should I do now
lost 14/01/2013 at 3:28 pm
Hi darboace - I am afraid you are on to a loser here. my partner was in the same boat as you. his ex 'demanded' more money when we started dating and then she reduced his overnight stays with the kids to get the maximum amount from him. She was (and still is, 3 years later) very jealous that he has moved on and has a life and as a result she has lied to the CSA (similar to your story), by telling them that he only had the kids overnight 'occasionally' throughout the year instead of the 2 nights plus after school a few days a week. Thankfully the CSA used the previous years work rota as evidence that he had the kids when he said he did but she still continually lies to the kids by cancelling on us and then tells them that their Dad doesn't want to see him.It has been the worst 3 years of my life but the worst part is that his ex told the kids that their Dad loved me more than them and this has been our biggest problem. his daughter was devistated and became very insecure and although we get along, I can see that she still struggles with it as she asks him is he loves me more and gets upset if/when we are close. I have sat down with her and explained my view point (that her Dad will never love anyone as much as he loves them and that the situation we are all in is difficult and she should tell us when she is insecure) she says she understands and we are fine for a while but then his ex does something else to cause trouble and we are back to square one. his ex refused to go to see a counsellor so we are no further on than we were 3 years ago. I trully hope you have better luck that we are having!!
darboace 13/01/2013 at 11:57 pm
I have been seperated for 18 months. During this time my ex has on several occassions stopped me seeing my children who are now aged 15 and 13 years old. This has caused us alot of stress. I see my children regualry and have been having them overnight three times a week for last 12 months. Recently she demanded an increase in maintaince, as I have now met someone else. I have declined and my ex has gone straigh to the CSA. She has made false claims about the nights I have our children and has demanded I take her to court to resolve the issue. The CSA have been helpful but are asking for diarys of when I have the children which I doent have. I feel that either way I will not see my children and that my ex is justwanting to gain further money from me using the children as a tool to do so. can anyone offer me any advice.
BROWNY 04/10/2012 at 4:40 pm
After my marriage fell apart, i left my matrimonial home. This was 4 years ago. We are in the position right now where she is trying to buy me out of the house but she is claiming that i should be paying towards the mortgage even though we've both moved on and created new families etc.
I don't know if this is the truth where i should be contributing towards the mortgage??

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