Advice regarding access/ right to use to jointly owned property after seperationoi

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Partypeople
Partypeople Posts: 18 Forumite
in Marriage, relationships & families
Hi, Im hoping to get advice on this before progressing down a legal route.
So in April I seperated from my wife after she changed the locks on our jointly owned property as she decided that our marriage was over.


Leaving with nothing I have struggled financially and am currently living in house where I only rent a room. I still have belongings in the garage which I need to store and have access to and currenlt have o other financially viable options. Recently my ex has moved a new partner into the house and is now demanding I remove my belongings from the garage stating I have no right to keep them there. I believe this is untrue and stated that as my name is on the deeds I do have a right yet she disputes this. Now her and new partner are acting in an intimidating manner. Adding that I have no rights and any solicitor will state the same.



Can someone shed any light on my rights and best next steps. Finances are very tight so trying to avoid costly arguments
Thanks in advance
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  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
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    You could move into the house if you wanted to.

    However clearly this situation isnt going to resolve and you dont want your stuff binned, regardless of if you could claim for it afterwards. How far are you along with divorce?
  • T.T.D
    T.T.D Posts: 228 Forumite
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    Partypeople wrote: »
    Hi, Im hoping to get advice on this before progressing down a legal route.
    So in April I seperated from my wife after she changed the locks on our jointly owned property as she decided that our marriage was over.


    Leaving with nothing I have struggled financially and am currently living in house where I only rent a room. I still have belongings in the garage which I need to store and have access to and currenlt have o other financially viable options. Recently my ex has moved a new partner into the house and is now demanding I remove my belongings from the garage stating I have no right to keep them there. I believe this is untrue and stated that as my name is on the deeds I do have a right yet she disputes this. Now her and new partner are acting in an intimidating manner. Adding that I have no rights and any solicitor will state the same.



    Can someone shed any light on my rights and best next steps. Finances are very tight so trying to avoid costly arguments
    Thanks in advance
    This is going to require a Occupation Order under family law. If she threatens to throw out or dump items of yours call police and ask for an breach of peace escort to check items incase she kicks off.
  • Partypeople
    Partypeople Posts: 18 Forumite
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    Hi, Thanks for the responses.
    Not even started iniating anything regarding the divorce as of yet. This is something I will be looking into in the new year. She has stated that she wouldnt throw things out but is DEMANDING that I move the stuff out of the garage and hand over my keys claiming I have no right. I have no interest in causing any issues as this is where my children reside and I dont see any benefit in creating problems and am aware she has moved her new partner into the house
  • Socajam
    Socajam Posts: 1,238 Forumite
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    I hope you are not paying the mortgage?
    Do you have a joint bank account, if so get 50% of that money out ASAP.
    Do not hand over any keys, go to the garage and take photos of all your stuff - photos don't lie. Make sure to take someone with you just in case she acts like an idiot and call the police with tears running down her face police saying that you threaten.
    Start legal action in the New Year to remove yourself from this situation, make sure that you go for joint custody.
    The grass always seems greener on the other side, but once the person gets involved, they realized that it's sometimes worse than what they left behind.
  • Newbird
    Newbird Posts: 488 Forumite
    edited 9 December 2019 at 11:55PM
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    If you are named on the mortgage and jointly pay, she cannot kick you out of the house, or your items out of the garage that you jointly own with her and she cannot legally deny you access or change the locks! You need legal advice - as i am sure the law doesn’t allow her to do this, new partner moved in or not.
    Bless Martin's Little Cotton Socks. I thank him for giving us MSE. Look what its grown into!

    MFW = ASAP #124
  • Partypeople
    Partypeople Posts: 18 Forumite
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    Currently she.is solely paying the.mortgage in a fashion. Her parents loaned money for the deposit which I am contributing to as.much as I am physically able to due to paying rent on where I live. This is currently £47 per week. Anyone that can shed any light on if that changes anything?
  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    Partypeople wrote: »
    Her parents loaned money for the deposit ...
    Did the lender know it was a loan or did they believe it was a gift?


    As above, you have as much right to be there as her.
    2023 wins: *must start comping again!*
  • Accountant_Kerry
    Accountant_Kerry Posts: 628 Forumite
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    She has no more rights over the property than you, in effect you could move back in.
    so you are repaying her parents the deposit at £47 a week?
    Mar 24 - Mortgage Balance £249,794.45
    Credit Card - £8,182.23 + £4,731.65
    Goals: Mortgage Free by 2035, Give up full time work once Mortgage Free, Ensure I have a pension income of £20k per year from 2035

  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Newbird wrote: »
    If you are named on the mortgage and jointly pay, she cannot kick you out of the house, or your items out of the garage that you jointly own with her and she cannot legally deny you access or change the locks!

    You need legal advice

    Legally, she shouldn't but that won't necessarily stop her - it will then be up to Partypeople to deal with her actions.

    Legal advice is definitely the way to go.
  • hb2
    hb2 Posts: 1,398 Forumite
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    OP, I would suggest that you move heaven and earth to get your property removed to somewhere (anywhere) safe. Sure, your ex shouldn't get rid of your stuff but that doesn't mean that she won't and taking her to court afterwards wouldn't get the things back. This particularly applies to anything with sentimental value that could never be replaced.
    It's not difficult!
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    'Wonder' - to feel curious.
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