Separating- can husband walk in house whenever he likes?

Guest101

enthusiasticsaver wrote: »

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.

Sure, it'd be nice if he did that.


But there's currently no legal obligation on him to do so.


I agree it's best to sell or rent out the property and all move.

Person_one

rpc wrote: »

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

Article 8:

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

The EHCR is used by governments to legislate about how individuals can treat each other.

Guest101

Person_one wrote: »

Article 8:

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

The EHCR is used by governments to legislate about how individuals can treat each other.

Article 8 refers to interference by the state, not individuals.


Yes governments use it to legislate, in the sense that they cannot make a law which contravenes it.

rpc

Person_one wrote: »

Article 8:

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

The EHCR is used by governments to legislate about how individuals can treat each other.

And article 34 clearly limits that to state interference. You also have article 1 of the protocol to the convention which the OP's ex could cite in his favour.

In UK law, an owner of a property has a right to access it except in two cases:
1 - court order (i.e. occupation order) which must comply with the ECHR
2 - limited surrender of that right such as would happen with a long or short lease.

An owner of a property not subject to a lease (or tenant of a leased property) and usually their spouse has a legal right to access a property.

EU law only takes effect in so far as it is written into UK law. EU law on its own means nothing legally speaking. So please find UK statute to back the suggestion that a property owner who has not surrendered (by deed, contract or court order) their right to occupation can be excluded from the property. You won't be able to.

If OP wants to exclude her ex, she needs an occupation order. That is often not necessary because most reasonable people would agree to move out and stay out. That's the ideal case and the one that is encouraged. When reasonable fails, the law is available to arbitrate and the law says you get an occupation order to settle the matter.

burlington6

I can't believe someone has mentioned Human Rights .

Person_one

rpc wrote: »

So please find UK statute to back the suggestion that a property owner who has not surrendered (by deed, contract or court order) their right to occupation can be excluded from the property. You won't be able to.

If OP wants to exclude her ex, she needs an occupation order. That is often not necessary because most reasonable people would agree to move out and stay out. That's the ideal case and the one that is encouraged. When reasonable fails, the law is available to arbitrate and the law says you get an occupation order to settle the matter.

I think you've answered your own question there...

dancingfairy

One would hope both parties are adults and capable of being reasonable. Both sides are likely to be hurting and lashing out ( metaphorically) but hopefully a sensible solution/ compromise can be found ( ie op puts a chain on and asks her ex for notice if he wants to come round).
Let's hope a sensible solution is found for all concerned.
Df