DIVORCE MESS

TBagpuss

hwbt2020 said:

GrumpyDil said:

tightauldgit said:

elsien said:

He has as much right to be there as she does, unless there's some sort of injunction or legal framework in place to prevent him from having access. 

He moved out. He doesn't have a right to access someone else's home any time he wants to. In this case the OP is scared for her safety - the answer is to change the locks. If he wants to move back or to have access to the property let him pursue it through the legal channels. In the meantime, channge the locks and make yourself safe. 

Sorry but it is still his house. Unless there is a legal restriction place he has every right to return as and when he wants to. Not what OP wants to hear but the facts. 

GrumpyDil, its not about what I do or don't want to say; I posted here for factual advice, not for an ego boost and certainly not for validation that my "father" is a 1st class c***. Knowledge is power, and power is what my Mum needs right now; he is the one playing dirty and we need to fight back.. We have talked about changing the locks but 1. It's a cost we really can't afford and 2. We were unsure how this may look in court (it will end up in court); he is very manipulative and could sweet talk a judge.

We have managed (very easily actually) to get him off the electoral register at our address (our county council were very obliging); it was too make it harder for him to get credit and because we don't know what debts he might have wracked up in secret. As he's not on the electoral roll here, does that mean he has less/no rights to enter?

He is still a legal owner of the proprety and would in any event still have matrimonial home rights entitling him to be in the property. The only thingthat will change that is a court order - an injuction which can temporarily restrict his rights to accessor a final finacial order which can provide for a sale or tranfer of the houe and set out who can occupy it until the sale or trnasfer is completed.

BUT
She is entitled to change the locks. He is, strcitklly speaking , entitled to request keys.
It is reasonable to ask that he not come to the house except with  prior notice
If he were to start coming back and letting himself in without giving her notice this might well amount to harassment, especially as he has moved out and assuming she (or her solicitor) has expressly asked him / told him not to come without prior agreement.
Of he behaves unreasonably by returning or trying to come in without good reason this coukd give her grounds to pursue an injunction.

It's good that you are seeing a solicitor and they will be able to advise her but it's likely that they will suggest that they rite to him and expressly state that he should not attend or try to enter the property expect by prior agreement. 

Borders2017

I would set up all new utility bills etc in your name. And you take over financial running of the house until the divorce is settled/debts cleared

hwbt2020

We went to the police today and they listened and took us seriously. I did a lot of the talking to start with but Mum gradually began to open up and let out some of the pain she'd shut away. I hope this is the beginning of her healing. The police have opened a case and are arranging to come over and take full statements and, they said if he does show up to ring 999 immediately - our house is now recorded as a potential emergency call-out etc. The DASU (Domestic Abuse Support Unit) is supporting a claim for Legal Aid so feel baby steps have been taken. Thank you all x

tightauldgit

hwbt2020 said:

We went to the police today and they listened and took us seriously. I did a lot of the talking to start with but Mum gradually began to open up and let out some of the pain she'd shut away. I hope this is the beginning of her healing. The police have opened a case and are arranging to come over and take full statements and, they said if he does show up to ring 999 immediately - our house is now recorded as a potential emergency call-out etc. The DASU (Domestic Abuse Support Unit) is supporting a claim for Legal Aid so feel baby steps have been taken. Thank you all x

Good to hear it. The most important thing right now is that you guys are safe and that you start getting your life back in order when time allows. Take all the help that is available and look after yourselves first and foremost. The legal stuff will resolve itself in time but make sure you set it in motion ASAP. Good luck with it and I hope you guys get a fair outcome.