Partner (ex) has my property in "our" house

moonrakermagpie

I cannot really aford a solicitor.

Briefly:-

Ex partner moved out with our son.

I had to move out to allow my son to go home, she would not return with him, until I was moved out. (it was more important to have my son back home than for me to stay in possesion).

Obviously she now has the house and all the contents.

I have asked for some items but she won't agree.

My name is on the title deeds which is "in common" (or at least meaning that we own 50/50.

As my name is on the deeds:-

Can I by law demand access to the property??

She has changed the locks, is she allowed.??

What is the law on this??

Many thanks

Steve

MumOf2

I have asked for some items but she won't agree.

The person who has care of your son is entitled to keep in the house all those items which are necessary for the care of herself and your son, e.g. washing machine, stove, fridge/freezer, beds, sofa, linen, kitchen equipment, etc. However, all your personal possessions should be returned, or made available, to you in the same condition as they were when you left the house.

Have you tried writing a conciliatory, polite letter listing the exact items you would like?

My name is on the title deeds which is "in common" (or at least meaning that we own 50/50.

As my name is on the deeds:-

Can I by law demand access to the property??

You do have right of access to the property, indeed you can return to live in the property if you wish. However, it might be a good idea to have a cooling off period, then you may find that your ex-partner agrees to let you return to pick up your belongings. If you 'demand access', it may just inflame the situation and she might dig her heels in even harder.

She has changed the locks, is she allowed.??

As I understand it, she isn't strictly allowed to do this, although a justification would be that she's concerned about security. Again, a cooling off period and a conciliatory approach may yield better results than confrontation (which wouldn't be pleasant for your son either).

What is the law on this??

You could get a free half-hour with a solicitor - some do it on the phone. Just make sure you have all the relevant details with you so that time isn't wasted going through the history, dates, current situation, finances, etc.



Good luck.

MumOf2

lemonjelly

moonrakermagpie wrote: »

I cannot really aford a solicitor.
I'd ask if you can afford to not access a solicitor
Briefly:-

Ex partner moved out with our son.

I had to move out to allow my son to go home, she would not return with him, until I was moved out. (it was more important to have my son back home than for me to stay in possesion).

Obviously she now has the house and all the contents.

I have asked for some items but she won't agree.
If they are your property (not disputed), then she should not be denying you this
My name is on the title deeds which is "in common" (or at least meaning that we own 50/50.

As my name is on the deeds:-

Can I by law demand access to the property??
You are entitled to free access, & if you so desire, to reside there
She has changed the locks, is she allowed.??
No - it is illegal for her to prevent you access to your home
What is the law on this??

Many thanks

Steve

See answers above in bold.

You really do need a solicitor. With what could be at stake, you can't afford not to have one.

Check any insurance policies you have, if they offer legal protection you can use this.