Separating- can husband walk in house whenever he likes?

clearingout

I disagree. And it is likely that she will pay the full mortgage as soon as he moved out. He will continue to have an interest in the property until such a time as a court order is made - either by consent or by the courts themselves. He may well continue to have an interest in the property after that date. But that doesn't give him the right to do what he wants, when he wants once he moves out.

seven-day-weekend

clearingout wrote: »

Whilst I accept it is not a landlord/rentee situation, the principle isn't any different. When one half of a couple moves out, it is generally expected that he/she stops paying rent/mortgage on the family home as they now have to pay rent/mortgage on their own home. It is also not unreasonable that people are able to live in peace, without constant fear of someone walking in and doing whatever it is they like in what is your personal space. It is fine to call and say 'I would like to collect X and could I do it at 6pm?' and then turn up at 6pm and collect X. It is not fine to turn up at 2am, turn on all the lights, turn on the TV and say 'tough, I'm on the deeds so I can do what I want'.

If he wants to do that, then surely it would be reasonable that he gives his ex a key to his new place and she is able to turn up there as and when she chooses?

No, because it is not a joint marital asset, the family home is.

I agree it would be polite to say when he was coming, but I still maintain that if his name is on the deeds then it is still his property and he has a right to visit it as often as he wishes.

clearingout

onomatopoeia99 wrote: »

She is entitled to get privacy by moving out, which would be exactly the same.

Thankfully, I think you will find the courts don't agree. Unfortunately, I suspect a lot of women put up with this kind of intimidating behaviour because they are told all about his 'rights' and expect none for themselves.

He leaves, it is no longer his home. He forgoes the right to come and go as he pleases.

clearingout

seven-day-weekend wrote: »

No, because it is not a joint marital asset, the family home is.

I agree it would be polite to say when he was coming, but I still maintain that if his name is on the deeds then it is still his property and he has a right to visit it as often as he wishes.

Just because you live in a 'joint marital asset' doesn't mean you don't have a right to privacy. Jesus wept.

Person_one

onomatopoeia99 wrote: »

She is entitled to get privacy by moving out, which would be exactly the same.

Except the kids would be uprooted and there'd be a jointly owned empty or rented out house to deal with. Hardly the perfect solution. Much better would be for him to just act like a grown up.

Guest101

clearingout wrote: »

No, it is their property. And yes, they have equal rights. But those equal rights can't be exercised in quite the same way when a couple separate as when they are together. Coming and going as you please when you are no longer actually resident at the property isn't considered acceptable, it can be intimidating and it is widely accepted as controlling.

As for privacy - he gets privacy by moving out but his ex isn't entitled to the same?

'Widely' accepted by whom?

She is entitled to exactly the same, by moving out...

Guest101

clearingout wrote: »

I disagree. And it is likely that she will pay the full mortgage as soon as he moved out. He will continue to have an interest in the property until such a time as a court order is made - either by consent or by the courts themselves. He may well continue to have an interest in the property after that date. But that doesn't give him the right to do what he wants, when he wants once he moves out.

It's nice that you disagree and you have a 'wouldn't it be lovely if...' view, but that has no merit in the legalities

Guest101

clearingout wrote: »

Thankfully, I think you will find the courts don't agree. Unfortunately, I suspect a lot of women put up with this kind of intimidating behaviour because they are told all about his 'rights' and expect none for themselves.

He leaves, it is no longer his home. He forgoes the right to come and go as he pleases.

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)

Guest101

Person_one wrote: »

Except the kids would be uprooted and there'd be a jointly owned empty or rented out house to deal with. Hardly the perfect solution. Much better would be for him to just act like a grown up.

It could be sold or rented out?

( won't somebody think of the children... )

Guest101

clearingout wrote: »

Just because you live in a 'joint marital asset' doesn't mean you don't have a right to privacy. Jesus wept.

You do, just not in the sense of excluding the joint owner from the house.