Relationship breakup

burlington6

Whatever he does, tell him to NEVER take her back.

I had a friend is the same position. His partner left him for another man, moved in with him.

A few months later told her ex she still loved him and made a mistake.

She moved back in and two weeks later told him she didn't love him and asked him to move out.

She moved the boyfriend in shortly after.

He went from having the kids, house and holding all the cards to living alone.

Mojisola

Guest101 wrote: »

Law is preventative, it prevents action ( very rarely does it condone them ) - therefore it's assumed you can do something unless it says otherwise.

I cannot prove that someone is allowed to do so by quoting a law.

A good example is public photography, it's allowed. A law doesn't say so, but it doesn't say it's not - therefore we are allowed to do so.

So CAB have it wrong?
https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/common-issues-relationship-breakdown-and-housing/relationship-breakdown-and-housing-can-you-change-the-locks/

Guest101

Yes CAB have it wrong, not the first time either.


Changing locks does not prevent access. He can change the locks and keep a key for her, should she ask for one.


As I've said twice. Why would she attend the house without informing him prior?

LE3

#1) As they were not married, does he have FULL Parental Responsibility - legally? If not, he MUST sort this out first - everything else can wait until he has that

#2) He needs to start documenting everything:
AAA advised that the relationship was over and moved out on d/mm/yy. At that time the value of the joint assets were £££.
The house at <address> was purchased on dd/mm/yy at a cost of £££ (details of who provided funds & any legal ownership - is it owned 50/50 & tenants in common or joint tenants?)
On dd/mm/yy, AAA took ££ of the joint assets as deposit on a flat & £££ to buy beds for the children
BBB applied for child benefit on dd/mm/yy etc

#3) Talk to a solicitor asap - the maintenance/children's residence needs to be resolved legally for the sake of the children & before he gets stitched up

Mojisola

Guest101 wrote: »

Changing locks does not prevent access. He can change the locks and keep a key for her, should she ask for one.

What is the point of that? She has a key to the lock that is there now.

Guest101

Mojisola wrote: »

What is the point of that? She has a key to the lock that is there now.

For the 4th time...


If she complains about it, without letting the ex partner know she is coming round.


i.e. she tried to get in when no-one is home and then starts a fuss - the ultimate question would be: "why are you going into my home?!"

Mojisola

Guest101 wrote: »

i.e. she tried to get in when no-one is home and then starts a fuss - the ultimate question would be: "why are you going into my home?!"

Because she is an owner of the property!

http://www.kentfamilysolicitor.com/divorce-separation/divorce-advice-changing-the-locks/
"Many clients ask for advice about whether they can change the locks and on this matter the law is clear: if the property is jointly owned, then you should not change the locks without the other owner’s consent. This is because they have a right to enter the property and you should not exclude them from the property without a Court Order."

http://www.mayowynnebaxter.co.uk/blog/can-i-change-the-locks-on-our-jointly-owned-house/
"If the property is jointly owned, then you cannot change the locks without the other owner’s consent. This is because they have a right to enter and/or occupy the property if they wish."

http://www.marilynstowe.co.uk/2013/11/01/ask-a-family-lawyer-my-husband-has-left-can-i-change-the-locks/
"You should not change the locks on a jointly-owned property without the consent of the co-owner. If you go ahead without the consent of the co-owner, who in this case is your husband, the co-owner would be entitled to gain entry. If your husband gained entry by breaking a window, you could be landed with a costly repair bill."

tea_lover

Guest101 wrote: »

For the 4th time...


If she complains about it, without letting the ex partner know she is coming round.


i.e. she tried to get in when no-one is home and then starts a fuss - the ultimate question would be: "why are you going into my home?!"

Because she's allowed to. It doesn't matter who happens to be living there, if she's named then she's allowed in when she wants. It might not be fair, it might not be reasonable, but advising someone to change the locks against a legal co-owner is highly irresponsible.

Guest101

tea_lover wrote: »

Because she's allowed to. It doesn't matter who happens to be living there, if she's named then she's allowed in when she wants. It might not be fair, it might not be reasonable, but advising someone to change the locks against a legal co-owner is highly irresponsible.

Oh my....


You know what. You have your opinion, I'll have mine.


But just to clarify, I have never said she isn't allowed to. However I think if she's entering her property (NOT her home) without informing her ex partner (who lives there) then the reasons behind that might be malicious!

tea_lover

You can have your opinion by all means, just remember it's contrary to what the law states on this one.