Help for Friend, Her Husband Has Kicked her Out of Marital Home

angelavdavis

I have posted a thread on the Families forum, but was recommended to also do so here as its related to property:

http://forums.moneysavingexpert.com/showthread.html?t=2141015

Really my question is:

- Can my friends husband kick her out if her name is on the mortgage?
- Is there any way that my friend can get back into the house?
- How can friend protect herself from husband's spending (OK not property, but I thought I would include this anyway).

I would be grateful for any help you can give.

DawnW

Your friend really needs to see a solicitor.

inmypocketnottheirs

It is also her property if in joint names, so she can walk straight back in. He can change the locks, she can call a locksmith.

She wont be liable for her husbands debts, unless they are in joint names. Unfortunately though, if they have any joint financial commitments, i.e. mortgage, credit card, loan or bank account, then they will be shown on the credit reference agencies as having a financial association. If the husband gets into problems with late payments or non payments, then this will be recorded and will affect your friend also.

mlz1413

If both their names are on the deeds then both have the right to access the property. Niether have the right to kick the other one out, but they also do have the right to do as they please within the property (and law) ie husband/wife wants mates round to party & drink all night they can.

Your friend really needs some legal advice, so try CAB or a solicitor.

As for spending it depends on whose money it is and how their finances are. Again legal advice will be the best as it will be specific.

roger196

On all joint credit cards, overdrafts, guarantees etc, she should write by recorded delivery saying she will no longer be responsible for any new debt on the card etc. She is still liable for potentially all the existing debt.
Check that her name is on the deeds as well as the mortgage, otherwise she needs to register a class F charge at the land registry asap. A solicitor is called for regarding possession of the property. Does she want a divorce? See relate if any possibility of getting back together and H willing. She must retrieve all important documents form house eg passport, bank file, credit cards, marriage certificate, family photos etc.

claireac

If the house is in both names, then they both have an equal right to be there. She needs to think if she really wants to live in that situation. I've done it, and it's horrendous. I ended up walking away.

She can't stop the spending, but she can get bank accounts and credit cards (in joint names) frozen. When I got divorced, about 18months after we legally seperated, the judge took into account all savings, bank accounts, debts and assets both me and xh had up to the point of the divorce (not splitting up/seperating).

She needs a really good solicitor, and she should think about getting legally seperated if that's the avenue she's going down, even if she moves back into the house.

theeagle

All of the above posts are corrects, if you are both on the mortgage then you both have free access to the house. If he changes the locks, you can change them back. If he continues to do so and or you are locked out properly, you have a right to 'break in'. It's not really a true B&E as you are the legal owner of the property.
Speaking from personal experience of this, if you do find yourself locked out and can't get in without breaking in, I would go down to your local Police Station and explain the situation, file an incident report and tell them that you are going to break into your own property. That way, if your partner then threatens to go to the police because you have caused damage to the house, you are one step ahead.
Additionally I had to call the Police to be present on more than one occasion when I was locked out and my partner was in the house.
The Police are there to ensure there is no breach of the peace when you attempt to gain legal entry to your property and could arrest your partner if he/ she refuses to open the door.
The rules also apply for joint tenacy agreements on rented property, as long as your signature is on the contract, you have the same legal right of access, unhindered, and changing the locks is unlawful (except in serious situations i.e threat to safety, then you really should go directly to the Police)

Jowo_2

The Shelter website has an excellent section on relationship breakdowns, including the rights of joint owners, which will provide good info on how to tackle being kicked out of her own home.