Separating- can husband walk in house whenever he likes?

clearingout

Guest101 wrote: »

Wow, what a load of nonsense.

Please do research further before offering advice to others, it's wrong and continues to be wrong ( as in 'incorrect' not morally)

Yeah, have been through court for this reason. Got an Occupation Order. Ex husband wandering in and out as he pleased. Very intimidating. How am I incorrect?

justme111

Onomaropoeia, when one moves out the action of return is moving in . You seem to insist to interpret the word "return" as "visit" .
Thank you clearingout , that is the thread question answered already.

Guest101

These 'wouldn't it be lovely if....' Arguments are nice, totally pointless and irrelevant, but nice.

The simple solution is for the OP to move out, take control over her situation and ensure her privacy.

Just to be clear, if someone has the right of access and right to return, that's not limited to a set time. If the OP doesn't like it, then she needs to act.

Guest101

clearingout wrote: »

Yeah, have been through court for this reason. Got an Occupation Order. Ex husband wandering in and out as he pleased. Very intimidating. How am I incorrect?

Good for you, I'm sure your situation was 100% the same as the OPs.
No? But you're basing judgment on a set of facts... Oh.

NewShadow

http://www.wikivorce.com/divorce/Guides-Financial-Settlements/How-To-Guides/Property-FAQs.html

Can i change the locks on the house?

There is no easy answer to this question sadly.

If you have an occupation order the answer is yes you can.

If you were married only for a short time have no children together and the house is in your own name yes you can.

There are a few exceptions to the above but they are few and far between.

Often even the police will say this is a civil matter to be decided by court, and for the most part it is unless an order from court is in place or an offence is committed.

In law there is balance to the right to enter the marital home when you no longer live there and the right of the resident spouse to a quiet life, this is underpinned by article 8 of the human rights act which says all have the right to quiet enjoyment of their own home.

Owning a house does not make it your home in just the same way as if your were to rent out a property, once rented you could not just enter when and if you feel like it.

Generally the longer you no longer live in the marital home the less right you have to access the property without the permission of the resident spouse, after 6 months or more your right to enter reduces to the point you have no right to enter without permission.

Many people ask can they break into a house they own or part own even though they no longer live there, again there is no black and white answer, if you move out on Friday returning Saturday to find the locks are changed then yes you could break in, though its very unwise, and you must make good any damage after the event, what you must never do under any circumstances is break into an occupied property, this would cause great distress and will involve the police, this leads to a civil injunction or a none molest and occupation order.

If you need to enter the property its always best to do it by agreement.

Guest101

NewShadow wrote: »

http://www.wikivorce.com/divorce/Guides-Financial-Settlements/How-To-Guides/Property-FAQs.html

So much nonsense in that quote...

rpc

this is underpinned by article 8 of the human rights act which says all have the right to quiet enjoyment of their own home.

!!!!!! - it says no such thing and, in any case, the ECHR only applies to governments and not to interactions between private individuals.

onomatopoeia99

rpc wrote: »

!!!!!! - it says no such thing and, in any case, the ECHR only applies to governments and not to interactions between private individuals.

Many people, including many on this forum, do not understand the scope of human rights legislation. From the bottom of the page that the reference to article 8 was taken from:

Wikivorce staff, contributors and community members are not legally trained. The information on this site should not be construed as legal advice.

I can only say "well, obviously."

Guest101

rpc wrote: »

!!!!!! - it says no such thing and, in any case, the ECHR only applies to governments and not to interactions between private individuals.

Indeed, that's just one of the things that's total nonsense

enthusiasticsaver

Whilst the OPs husband obviously maintains a financial interest in the property he will not be paying the mortgage so you would hope he would be reasonable enough to realise he cannot come and go from the property as if he still lives there. After all the OP will not be coming in and out of his rented property. I would guess though if he does not recognise the unfairness of this the only option would be an occupation order but this can be expensive. Alternatively sell up and divide equity asap.