Husband changed locks on jointly owned property

tamara_d

My husband changed the locks on our jointly owned property while I was out and threw my belongings in the garden. He is refusing to allow me entry to collect anymore things and hasnt provided me with a key.

We have a joint account for bills and i can see he has not put the money in this month.

Would a locksmith change the locks for me while he was in?

I rang the police who said it was a civil matter and they could only help if he got violent.

I believe im within my rights to change the locks back and provide him with a key.

Im worried of the cost of a solicitor, i work but im not sure i would qualify for legal aid.

We had agreed to split up and try for anulment as weve only been married 3 months and we got the house valued as he wished to buy me out.

Does anyone have any information on this situation that could help?

Thanks

lilymay1

This happened to my husband (with his ex-gf). A locksmith came and changed the locks while she was at work - not sure what would have happened if she had been in though.
He had a provide proof he lived there (I think he had a utility bill or something?) but I get the impression that isn't always necessary.

tamara_d

Thanks for the help.

I have my drivers licence and I'm sure i could print something online to show I live there.

I think i may have to change the locks while he is out to get the remains of my property.

I dont want to live with him but I can tell it will be a long slug sorting out finances.

DUTR

tamara_d wrote: »

My husband changed the locks on our jointly owned property while I was out and threw my belongings in the garden. He is refusing to allow me entry to collect anymore things and hasnt provided me with a key.

We have a joint account for bills and i can see he has not put the money in this month.

Would a locksmith change the locks for me while he was in?

I rang the police who said it was a civil matter and they could only help if he got violent.

I believe im within my rights to change the locks back and provide him with a key.

Im worried of the cost of a solicitor, i work but im not sure i would qualify for legal aid.

We had agreed to split up and try for anulment as weve only been married 3 months and we got the house valued as he wished to buy me out.

Does anyone have any information on this situation that could help?

Thanks

It's obvious you will require professional direction, only telling half the story here is not really going to assist you, and even then telling the full story is hardly going to help, if he is buying you out, then time to seek future dwelling.
The Police have already said it's a domestic matter and quite right not to get involved. And perhaps a locksmith won't get involved without a court instruction.

clearingout

if you own the home, you have a right of entry and a right to a set of keys. Your husband has a right to privacy if it is now his home and you live somewhere else - but this only seems to kick in around 6 months after you leave. The problem you have is making everything worse by changing the locks again - because if he's that way inclined, he'll do it again and you'll end up in a vicious circle. What is it you need from the house? is it things that you could get out in a matter of hours? are they things that are definately yours rather than jointly owned possessions? is it worth the hassle and upset?

If your marriage has been consumated, I'm not sure you'll get an annulment.

TheConways

You need professional advice from a qualified solicitor, not us randoms on a forum. Go and see a solicitor.

Yes, it costs money, but if you don't, you could find yourself much worse off.

pmlindyloo

You are quite right that your husband should not have changed the locks of your jointly owned property.

However, it is now done and you need to deal with the situation.

What possessions do you need to collect? Are they personal possessions (clothes for instance) or are they household items whcih there may be a dispute over?

If they are only personal items then you need to write to your husband and say you wish to collect your personal possessions. Suggest a time and a manner and a list of what you need. (For instance ,you ask a friend to collect them, you ask to collect them with a police escort if there is likely to be a breach of peace, he packs them up and delivers them somewhere.)

It sounds as if this is going to be messy. Unless you need your things (passport/personal papers) then all of this needs to be sorted through a solicitor if you and your husband cannot come to an amicable arrangement.

tamara_d

I need personal possesions such as car documents, bank statements, payslips all important things. I havent moved out he has forced me out in the past 2 weeks. I understand i will need a solicitor to assist.

I gather changing the locks is within my rights but also he could just do the same and as stated it could begin a viscious circle.

princeofpounds

This might be helpful to read.

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown

The first practical step is probably to write a formal letter, possibly as a letter before action, noting what has happened (not emotionally, just pointing out that you have been locked out and refused a key whilst an owner of the property and in occupation) and requesting a copy of the key to permit re-entry. Give a short deadline.

Or as a joint owner you can just force entry (when the ex is out of the property) and get the locks changed again if you like, but then you are supposed to give the ex a copy of the key and you might end up in an ultimately fruitless tit-for-tat where the only winner is the locksmith. It might be worth doing once however if you feel important documents are going to 'disappear'.

If you are considering the latter action, you can call the police if you feel a breach of the peace is likely, which is not a civil matter. They will probably do anything they can to put off attending though, because it's not their job to settle such things.

In theory, you could use small claims court to sue for your expenses for being locked out of the house once you have established a record of the fact that you are being refused access, but you probably wouldn't go down this route. But keep any receipts of expenses anyway in case damages get considered at any point.

Getting an occupation order is probably the first actual legal step. That is normally relatively cheap and fast. It also means there is the possibility of legal sanctions if he continues to lock you out. All explained in the shelter link.

Nancy888

While ever your name is on the mortgage deed or rental agreement you are entitled to access of the property. Only a solicitor can arrange this for you - I had a similar experience with my ex when we separated.

Please use your energy to arrange a solicitor's appointment rather than engaging in tit-for-tat actions - I'm sure you will feel much better for it

DUTR

tamara_d wrote: »

I need personal possesions such as car documents, bank statements, payslips all important things. I havent moved out he has forced me out in the past 2 weeks. I understand i will need a solicitor to assist.

I gather changing the locks is within my rights but also he could just do the same and as stated it could begin a viscious circle.

These personal documents you mention, I'm sure he will forward to you, it would have not been wise for him to leave them out on the lawn really would it?
As others have mentioned, there is no point getting in a tit for tat, the bottom line is the house will be in one person's name in future, and by the events described, you won't be living there, there are more important things to be concerned about.
If you love him and think he is wonderful and amazing, then ya best both resolve it soon. As this is not really about some silly lock changing and money into a joint account. :eek: