does my sister have right of entry?

bobbymotors

Hello,and thanks in advance for any help.

My brother in law is the sole owner of his and my sister's family home. they have no children.

He is a nasty bit of work and she has finally decided after 11 years to call it a day with him.

She is in the process of registering a financial interest in the house.

But he is the sole owner and is saying that she cannot come back in to the house and that she does not have the right to do so,and that he will put all her personal effects in the garage in boxes for her to collect when she wants.

She is not homeless, i have a largish house, she can stay with me at least for the medium term.

But can he do this?

all assistance appreciated, thank you

Guest101

It's complicated.


But as it sounds like she has left, she has in effect limited her rights now.


If she goes back, she may get accused of harassment.


on which note, why would she want to go back?

bobbymotors

I've just asked her that...just doesn't want to be bullied any more,and doesnt want him to damage or throw away any of her stuff.

I expect youre right and she has no rights apart from financial but you'd think she could legally go back in!

Thank you. hopefully someone will be along with better news!

jackyann

She should contact local Women's Aid, Domestic Abuse Forum, Law Centre or whatever is helpful locally.
There are 2 issues:
1 is her immediate right to collect her property - I have known the police to accompany someone in this situation, if abuse is likely. If she arranges anything (such as her property being left in the garage at a certain time) make sure the agreement is in writing, and that she is not alone.
2 is longer term and she needs expert advice.

bobbymotors

1.no he won't hit her or anything, just being awkward
2. thats what she needs to know-can he deny her access until the finances are done

thank you

DevilsAdvocate1

You call him your brother-in-law - are they married. I think this makes a huge difference.

bobbymotors

Yes, married 11 years.

He reckons she has financial rights but no right to come in the house.

thanks

krlyr

https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-re-married-or-in-a-civil-partnership-relationship-breakdown-and-housing/if-you-re-married-or-in-a-civil-partnership-and-you-own-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-rights-to-stay-if-your-spouse-or-civil-partner-owns-the-home/

Might help - sounds like she has rights, being married to him (yes, on paper he may be the owner - but they are married)

TBagpuss

As they are married, and this is their matrimonial home, yes she has a right to occupy the house just as he does. She is doing the right thing in registering her matrimonial home rights with the Land Registry.

On a practical level, however, it's not going to be easy to both continue to live in the house.

It would be reasonable for her to have access to collect her stuff and, if she wishes, to make an inventory of the remaining contents so they can agree in due course on dividing up the furniture etc, and photos of the condition of the property in case there is an issue over the value of the house.

It would be fairly common to make arrangements via her solicitor or a third party for her to be able to go back to the house - if he doesn't trust her, then he could arrange for a trusted third party such as a family member to be present on his behalf, and she can do the same. That way, he doesn't need to be there but can feel confident that she can't take anything which hasn't been agreed, and equally she can feel safe.

justme111

There was a similar thread here recently where people were adamant the party that moved out can come and go as they please at any time of day and night.
Quite a few posters said that, names of pigpen and guest1 come to mind.

Guest101

bobbymotors wrote: »

I've just asked her that...just doesn't want to be bullied any more,and doesnt want him to damage or throw away any of her stuff.

I expect youre right and she has no rights apart from financial but you'd think she could legally go back in!

Thank you. hopefully someone will be along with better news!

Look it's really very simple:


They are married, she has matrimonial rights to the marital home.


That does include rights to reside (and thereby enter)


HOWEVER she has left, moved out, and agreed to have possessions stored and later collected.


Her right to enter / reside doesn't override the other parties right to enjoy a harassment free life. If she returns, it could be seen as harassment. She has no NEED to be there.


She doesn't have ownership rights, which are slightly different.


So yes, she can legally return. But if he then goes to the police and says:


"My ex, who left after a difficult relationship keeps coming into my home. She is harassing me. I have no problem with sorting out the civil things: property, finances etc. But can you tell her to stop harassing me."


- The police will do exactly that.