Changing the locks

JAQ23

Hi
My Ex and I have separated. We jointly own a house, however he is paying the mortgage on his own for 6 months to show the mortgage company that he can afford it, in the hope that after 6 months, they will ok his solo application, he will pay me off and we can move on. (However there is no guarantee of this). 
I am not living in the house and as far as I know he is living with his girlfriend elsewhere. 
I am still on the mortgage and deeds of the house but when I went back at the weekend to check everything was ok, he'd changed the locks on both doors and barricaded the gate to the garden so I couldn't get round the back. 
               1) Is he allowed to do this  without giving me notice/a key?
               2) What can I do now?
               3) I think he may be thinking about living their with his new girlfriend, can he do this without notifying me?
I've contacted my solicitor and am also waiting for a reply.

HampshireH

Legally you have a right to a key and access

However it is a bit weird you tried to get into a house you no longer live at without making arrangements in advance

tacpot12

You can break in, change the locks and give him a key. But it would be more sensible to talk to him about what you want. 

He can invite anyone to live there and so can you, but it would be best to be living the before you invite someone to move in. 

I’m not sure why you are rocking the boat when he has a clan to free you from the mortgage, and presumably get your equity out. 

LilElvis

Legally you have equal rights to both access and live in the property. Legally you are also equally obliged to pay the mortgage, but you are currently paying nothing. By all means stamp your feet and demand access to a house you neither live in or pay for, but be prepared for your ex to dig his heels in and make life more difficult for you in return. You have to weigh up what is more important to you - gaining access or drawing a line under the your relationship, both emotional and financial.

Mojisola

JAQ23 said:

My Ex and I have separated.
I am not living in the house and as far as I know he is living with his girlfriend elsewhere. 
I am still on the mortgage and deeds of the house but when I went back at the weekend to check everything was ok, he'd changed the locks on both doors and barricaded the gate to the garden so I couldn't get round the back. 
               1) Is he allowed to do this  without giving me notice/a key?
               2) What can I do now?
               3) I think he may be thinking about living their with his new girlfriend, can he do this without notifying me?

Doesn't it make more sense for them to live in the house instead of paying for the mortgage on an empty house and then also pay housing costs elsewhere?

If you want him to buy you out, you need to be co-operative.  The alternative is to insist on the house being put on the market now.

He also needs to work with you and be accept that you're going to want to check the house and make sure it's being kept in good condition. 

JAQ23

Hi all
Thanks all for your comments. I have to say that I've had no say in any of this, he took everything from the house when I was living there (he moved out first) when I was at work. I came home to an almost empty house apart from a few of my belongings, which is why I had to go back to my mum's - so I actually had a bed to sleep in and an oven to cook with! He also moved the mortgage payments over to his bank account without consulting me. (I have no problem with that if he wants to pay) however the mortgage company have said I have to wait at least 6 months and then only if they accept his solo application can I be taken off the mortgage and deeds. If they don't accept him, then I don't know what will happen. He hasn't offered me enough when buying me out compared to the house value and equity we owe (had 6 valuations and worked on an average). I want to sell but he doesn't and he is now not speaking to me so this is all out of my hands really. I don't believe I'm 'stamping my feet' and 'rocking the boat'. I'm still liable for payments and anything to do with the house, hence why I wanted to check everything was in order. 
And trust me, I want this over both financially and emotionally. If anything, he's prolonging it using this loophole of 6 months when it's unlikely he'll get accepted. Then we have the uncertainty and time consuming process of putting the house on the market. 

Mojisola

It would have been helpful to know the background in the first post.

TBagpuss

JAQ23 said:

 he'd changed the locks on both doors and barricaded the gate to the garden so I couldn't get round the back. 
               1) Is he allowed to do this  without giving me notice/a key?
               2) What can I do now?
               3) I think he may be thinking about living their with his new girlfriend, can he do this without notifying me?
I've contacted my solicitor and am also waiting for a reply.

1) Yes - either one of you is free to change the locks. However, He/ you should provide keys to the other if they ask. 
2) Ask for a key, in the first instance. If you want to move back in, then go with a locksmith and get the house opened and the locks changed.
3) Yes - he has as much right to live there as you do and it doesn't make a lot of sense for it to stand empty. 
that said, if he is living at the house then it would normally be appropriate for you to let him know before going to it, as if the situation is that it is his home but jointly owned, as a courtesy you should let him know if you want to go round.

if he isn't living there and you want to move back in until the finances are settled, then consider borrowing a bed etc from family, or buying one from IKEA or similar, and arrange to move back in.

But talk to your solicitor first - after all, she knows your particular situation and is best placed to advise you. 

Comms69

Why would you go round without telling him?