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Separating- can husband walk in house whenever he likes?
Comments
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Entering someone's home unannounced when whoever resides there disagrees with your entrance without previously trying to coordinate visit sounds like abuse to me. If she stands in the door and refuses to move for him to get it what can he do? Push her away? There you got it , violence. If she tell him she is not going to allow unannounced visits and he says he is just going to remove her from the door frame - there you go , threat of violence. He is prohibited from getting anywhere near as a result. So why get to that stage, if what I describe is right than empowering woman with that information may help to happen if he sticks to his threats. So he will likely abandon the idea of barging in as he pleases and a lot of stress and grief for police will be avoided.
What is your source of information , HappyM? How sure you are of them? Don't you think scenario which I described is most likely? If so , why scareing a woman into believing ex can turn up at 3 am or while she is in the shower ?
How come other poster(male) recently complained he can not get entry ever in similar circumstances as ex refuses to communicate ? It is either one way or the other , both situations can not be right.The word "dilemma" comes from Greek where "di" means two and "lemma" means premise. Refers usually to difficult choice between two undesirable options.
Often people seem to use this word mistakenly where "quandary" would fit better.0 -
Entering someone's home unannounced when whoever resides there disagrees with your entrance without previously trying to coordinate visit sounds like abuse to me. If she stands in the door and refuses to move for him to get it what can he do? Push her away? There you got it , violence. If she tell him she is not going to allow unannounced visits and he says he is just going to remove her from the doorframe - there you go , threat of violence
What is your source of information , HappyM?
How come other poster(male) recently complained he can not get entry ever in similar circumstances as ex refuses to communicate ? It is either one way or the other , both situations can not be right.
if the names are on the deeds they can use force to enter.. breaking windows, getting a locksmith.. you cannot refuse the owner entry to their own house.
If she refuses him entrance he can ring the police and they will move her he doesnt need to do anything resembling violence. He could move back in and she could do nothing about it.LB moment 10/06 Debt Free date 6/6/14Hope to be debt free until the day I dieMortgage-free Wannabee (05/08/30)6/6/14 £72,454.65 (5.65% int.)08/12/2023 £33602.00 (4.81% int.)0 -
As pigpen suggests - unfortunately during a domestic dispute you don't want to come across as the one being unreasonable.
You can refuse the owner right of access to their property - IF you have a contract which provides you with quiet enjoyment of your home. That's one of the differences in law between tenants and lodgers.
Unless it is part of a separation agreement between the two parties that one of them will not access the joint owned property in agreed situations (when it's vacant/when it's occupied/Monday to Friday - whatever), then the owner has right of access - simple as.
He doesn't even have to move out unless he WANTS to - It's his house. Just because it's also hers doesn't mean he has less right to use it - legally.That sounds like a classic case of premature extrapolation.
House Bought July 2020 - 19 years 0 months remaining on term
Next Step: Bathroom renovation booked for January 2021
Goal: Keep the bigger picture in mind...0 -
Even with tenants/lodgers the owner still has right of access it is the wording of the legal agreement that is different.. basically saying you will allow 'reasonable access' .. so they can come do inspections etc but not just move in.LB moment 10/06 Debt Free date 6/6/14Hope to be debt free until the day I dieMortgage-free Wannabee (05/08/30)6/6/14 £72,454.65 (5.65% int.)08/12/2023 £33602.00 (4.81% int.)0
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So who would be seen as unreasonable if he just turned up to have a cup of tea without prior arrangement?The word "dilemma" comes from Greek where "di" means two and "lemma" means premise. Refers usually to difficult choice between two undesirable options.
Often people seem to use this word mistakenly where "quandary" would fit better.0 -
So who would be seen as unreasonable if he just turned up to have a cup of tea without prior arrangement?
she would if she didn't let him inLB moment 10/06 Debt Free date 6/6/14Hope to be debt free until the day I dieMortgage-free Wannabee (05/08/30)6/6/14 £72,454.65 (5.65% int.)08/12/2023 £33602.00 (4.81% int.)0 -
So who would be seen as unreasonable if he just turned up to have a cup of tea without prior arrangement?
My ex-wife used to do this even after we were divorced, always when she knew I would be working. She would tidy everything away but I have a very acute sense of smell so I could smell her scent or the coffee that she had made. Whenever I challenged her about it, she said that she had been looking for this or that, usually family heirlooms or documents.0 -
Legally, he is entitled to come in and out, however, if he has moved out, then it wold normally be considered reasonable for him to come into the house only by prior arrangement.
You are perfectly entitled to put up a chain, or indeed to change the locks. If you change the locks, then you should normally give him a key if he requests it.
Do you have a solicitor involved? If so, a letter to him, asking that he arrange any visits with you in advance, would be appropriate.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
she would if she didn't let him in
No, she wouldn't.
If he has moved out, then he is likely to be seen as unreasonable if he tries to come into the property without prior agreement, particularly if he has been asked not to do so. It is likely to be seen as harassment.
Although the property is still his house, as it is still in both names, if he has moved out it is not currently his home.
Comparisons with landlords etc. are not very helpful in this scenario as it is a a different situation and the relationship between ex partners / spouses is very different to landlord/tenant relationshipAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
No, she wouldn't.
If he has moved out, then he is likely to be seen as unreasonable if he tries to come into the property without prior agreement, particularly if he has been asked not to do so. It is likely to be seen as harassment.
Although the property is still his house, as it is still in both names, if he has moved out it is not currently his home.
Comparisons with landlords etc. are not very helpful in this scenario as it is a a different situation and the relationship between ex partners / spouses is very different to landlord/tenant relationship
It makes no difference.. it is his house he can come ni whenever he likes.. if she changes the locks he is within his rights to break in or force entry.. My lock did actually break and even though he had not lived here for a year I had to give him a key because it was also his house.
It isn't harassment he is entering his own house. He has right of access whenever he wants it.. even if it is 2am.. you've clearly not lived this!
He can move back in if he wants and there isnt a thing she could doLB moment 10/06 Debt Free date 6/6/14Hope to be debt free until the day I dieMortgage-free Wannabee (05/08/30)6/6/14 £72,454.65 (5.65% int.)08/12/2023 £33602.00 (4.81% int.)0
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