Nosey Ex..

Comms69

T.T.D wrote: »

Whilst you can not prevent access to the jointly owned home through the front door, you do not have give carte Blanche to the whole house, You are the main occupant, he has in effect given up his occupancy rights,(he would need to go court to get an occupant order to move back in to regain those rights) he has rights to enter into the property to get property and belongings, but if he is gaining access to snoop and satisfy perverse desires or harass then you need to seek a solicitor who help get a anti molestation order against his behaviour. Hope this helps.

technically he doesn't need any court order to simply move back in.

T.T.D

Comms69 wrote: »

technically he doesn't need any court order to simply move back in.

It would be very difficult for him to move in and claim he is living in the home again, yes he can just open the door and plonk his stuff in the room and state he’s back, police would question motive, which In turn could see him ejected/arrested under prevention of harassment act 97 section 1. Unless he has genuine homelessness issue it would most likely see him escorted out and told to seek civil remedy through court and have a formal warning issued to him.

it should also be noted that if there is none of his belongings inside he co owns bricks, glass and mortar and not the property within the home and has no reasonable excuse to be inside interfering or rummaging through possessions and as op said it seems to happen a lot when she isn’t in which could be that he monitoring her or loitering in the area to ensure op is not in, knows her work patterns etc this is stalking behaviour, as contrary to prevention from harassment act 97 section 2(A) subsection 2. .

Comms69

T.T.D wrote: »

It would be very difficult for him to move in and claim he is living in the home again, yes he can just open the door and plonk his stuff in the room and state he’s back - yes he can. , police would question motive - possibly, but no offence has been commited , which In turn could see him ejected/arrested under prevention of harassment act 97 section 1. - sorry no, that wouldn't happen. Aside from the fact it's no harassment, harassment requires a continued course of conduct. Unless he has genuine homelessness issue it would most likely see him escorted out and told to seek civil remedy through court and have a formal warning issued to him. - no such warning exists.

it should also be noted that if there is none of his belongings inside he co owns bricks, glass and mortar and not the property within the home and has no reasonable excuse to be inside interfering or rummaging through possessions and as op said it seems to happen a lot when she isn’t in which could be that he monitoring her or loitering in the area to ensure op is not in, knows her work patterns etc this is stalking behaviour, as contrary to prevention from harassment act 97 section 2(A) subsection 2. .

The stalking maybe, but typically stalking is when the person is in/there, as opposed to out.


In any case I think you're oversimplifying this. Just because the OP calls the police, doesn't mean they can take action. The police must justify every action they take, and if he refused to leave there is very little they could legally do.

T.T.D

Comms69 wrote: »

The stalking maybe, but typically stalking is when the person is in/there, as opposed to out.


In any case I think you're oversimplifying this. Just because the OP calls the police, doesn't mean they can take action. The police must justify every action they take, and if he refused to leave there is very little they could legally do.

Nearly Every arrest requires a necessity factor, I am aware of the “three strike type system” usually required by the CPS to move forward with a more solid prosecution (all force areas approach it differently), although this isn’t a requirement or instruction not to arrest upon first complaint that is down to the attending constable discretion, based upon his/her investigation of that situation, talking in the hypothetical scenario that is, so no it doesn’t require a prolonged course of harassment to be classed as harassment it just means the course of action such as deciding to live there gathering his stuff and executing the decision in that course of action would likely cause alarm or distress I.E a single act Has a course of action, As I would like draw back to my OP the OP should consider a Anti Molestation order so the ex can gain access under stricter more tighter regulations imposed by a court.

Comms69

T.T.D wrote: »

Nearly Every arrest requires a necessity factor, I am aware of the “three strike type system” usually required by the CPS to move forward with a more solid prosecution (all force areas approach it differently), although this isn’t a requirement or instruction not to arrest upon first complaint that is down to the attending constable discretion, based upon his/her investigation of that situation, talking in the hypothetical scenario that is, so no it doesn’t require a prolonged course of harassment to be classed as harassment it just means the course of action such as deciding to live there gathering his stuff and executing the decision in that course of action would likely cause alarm or distress I.E a single act Has a course of action, As I would like draw back to my OP the OP should consider a Anti Molestation order so the ex can gain access under stricter more tighter regulations imposed by a court.

No constable is going to wilfully conduct an unlawful arrest. The offence requires a course of conduct - generally defined as 2 or more instances. And you are right an arrest under PACE, ie for an offence which doesn’t carry its own arrest powers ( like breach of the peace) needs a necessity factor under code g.

Non-molestation*

Out,_Vile_Jelly

Sell the house, split the proceeds fairly, move somewhere new with your kids that ex absolutely does not have access to, and then pursue CSA payments.

TBagpuss

Have you spoken to your solicitor?
I suspect that the wasy to go would be an initial letter asking that he not come to the house expectby prior agreement and warning that if he comes into your room you will regard that as harassment and take appropriate action.

Yes, he has as much right to be in the hosue as you do, but there is no legitimate reason for him to be poking aroud in your bedroom or among your ptivate belongings and if he won't stop then it may be appropriate to look at applying for an injunction.

In the mean time, I would suggest that you move towards being as finacially independent as you can be - it isn't reasonable to expect hom to keep paying towards the mortgage when he isn't living in the hosue, so have a look at your bdget with a view to paying the mortgage in full yourself (and getting child support at the CMS rate). This takes away part of his argument for letting himself in, as well as being fairer.

And talk to a solicitor about how to move matters forward to sorting out the house etc so you can both go your separate ways as soon as possible.

I'm not clear whether or not you are married - if not, then you will need to either buy him out or sell the house, and the sooner you can sort that out the better.


If you are married, get the divorce started so you can resolve the finances - there is a bit morwe flxibility about whether the house will need to be sold striaght away, but even if you are able to stay in the hosue for now, you will need to be able to pay the mortgage without his help, so the sooner you start doing that and are able to show that you can, the better

bap98189

barbiedoll wrote: »

This is horrible behaviour and even if the house does jointly belong to him, it doesn’t give him the right to snoop through your personal things. My husband doesn’t do that to me, nor I to him, and we actually live together.

This a million times over.

motorguy

Out,_Vile_Jelly wrote: »

Sell the house, split the proceeds fairly, move somewhere new with your kids that ex absolutely does not have access to, and then pursue CSA payments.

This.

Hes exploiting the situation.

Twolittlebears

gomer wrote: »

Unroll some condoms. Squirt a bit of Jif inside the end of them & leave them laying on the bed or the bedroom floor. Think of some really gut wrenchingly disgusting things you can leave about the bedroom. Give him something to look at next time he noses.

This reply is not helpful. It is disturbing what goes through peoples minds to even think about writing a response like that to a serious situation.