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Relationship breakup

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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Mojisola wrote: »
    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." - And she wouldn't be excluded. She could have a key if she needs one. And she would only find out by 'sneaking' in. (I'm really not interested in the opinion of a solicitor I've never met or spoken to)

    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." - Ditto. She does have a right. And you know what courts are for? to enforce those rights.

    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."


    And again, I've not disputed any of this.


    I wonder how the courts would look at the matter.


    Parent leaves the family, demands money from the PWC to set up a 'single' lifestyle home, demands money for children's furniture, fails to pay child maintenance and then breaks into their old family home.


    If that was a bloke - that's more than enough for a non-molestation order. It's no different because she's a woman.


    But if you can't see that then I suspect we aren't ever going to agree.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    tea_lover wrote: »
    You can have your opinion by all means, just remember it's contrary to what the law states on this one.

    Quote it.


    Quote the law. Go on.


    Act, year and section.
  • tea_lover
    tea_lover Posts: 8,261 Forumite
    Family Law Act 1996
  • Guest101
    Guest101 Posts: 15,764 Forumite
    tea_lover wrote: »
    Family Law Act 1996

    I'm aware of it's existence. However I do not see anywhere in the at relating to the hanging of locks.... so please can you clarify?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Guest101 wrote: »
    And again, I've not disputed any of this.


    I wonder how the courts would look at the matter.


    Parent leaves the family, demands money from the PWC to set up a 'single' lifestyle home, demands money for children's furniture, fails to pay child maintenance and then breaks into their old family home.


    If that was a bloke - that's more than enough for a non-molestation order. It's no different because she's a woman.


    But if you can't see that then I suspect we aren't ever going to agree.

    And where has the OP claimed that the former partner has broken into the family home, apart from your imagination?

    The only reference I can find is that he asked her to return the key, which she refused. There's a world of difference between refusing to return a key and breaking in.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    LilElvis wrote: »
    And where has the OP claimed that the former partner has broken into the family home, apart from your imagination?

    The only reference I can find is that he asked her to return the key, which she refused. There's a world of difference between refusing to return a key and breaking in.

    He hasn't, but since i'm quoting a post, it would be prudent to read that...
    The last line in fact, which gives the opinion of a solicitor to advocates breaking a window to gain entry....

    Perhaps read what's been said before giving your two pennies worth.
  • Mojisola wrote: »
    What is the point of that? She has a key to the lock that is there now.

    The point is that because it is no longer her home, she should not be allowed to come and go as she pleases.

    Imagine if things became violent? Or genders reversed? You just can't take any risks with personal safety, especially when kids are involved.

    Changing the locks does not deny her access. It's just no longer readily available.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    The point is that because it is no longer her home, she should not be allowed to come and go as she pleases.

    Imagine if things became violent? Or genders reversed? You just can't take any risks with personal safety, especially when kids are involved.

    Changing the locks does not deny her access. It's just no longer readily available.

    I've said this 4 times or more now, but they dont want to listen.

    I do suspect it would be different if the NRP was Male...
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Guest101 wrote: »
    I've said this 4 times or more now, but they dont want to listen.

    I do suspect it would be different if the NRP was Male...


    :T Of course you needed to roll out that old chestnut!
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Guest101 wrote: »
    He hasn't, but since i'm quoting a post, it would be prudent to read that...
    The last line in fact, which gives the opinion of a solicitor to advocates breaking a window to gain entry....

    Perhaps read what's been said before giving your two pennies worth.

    I'm perfectly capable of reading, thank you.

    The first response to the OP was from you in which you advocated changing the locks. Nothing in the OP to suggest this is necessary. Why risk inflaming a situation when there is no need?
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