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Forcing entry into FMH

  • dukey
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3 years 9 months ago #488110 by dukey
Replied by dukey on topic Re:Forcing entry into FMH
Of course yes the police attempt to avert a breach of the peace, and they probably spend a huge amount of time doing it.

You know what the police said, stay away a night stay away all together you know, there are civil restraint orders and orders of family court that can come into play, you will know if one or the other exists, if one does and to be fair sounds as though they dont but if one is in play its klink if you break the terms, non-molest orders for example have power of arrest these days, have done for a few years now.

If you have a solicitor talk, if not find one and take advice.

Not really sure what you mean by writing to your solicitor in the first instance?.

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  • Chrisb1579
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3 years 9 months ago #488112 by Chrisb1579
Replied by Chrisb1579 on topic Re:Forcing entry into FMH
She has also emptied the joint bank account of £22450 leaving me with £400. I am sofa surfing at the moment. She changed the legal owner of my car to her without my knowledge and is claiming to have sold it to her daughter whose bank account the £22450'was transferred to. I am self employed and the car is essential to my work. So at this moment I have no money, no home and no means of earning a living.

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3 years 9 months ago #488113 by Chrisb1579
Replied by Chrisb1579 on topic Re:Forcing entry into FMH
I meant my solicitor ha written to her solicitor serving my legal right to,enter the property but no answer from them. I didn't leave the property voluntarily in which I didn't resist but wasn't my choice.

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  • Hatton1
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3 years 9 months ago #488116 by Hatton1
Replied by Hatton1 on topic Re:Forcing entry into FMH
Sorry to butt in on this thread and I am afraid my query is from the opposite side of the fence.

Stbx left the fmh 4 months ago and now happily ensconced with OW in her flat 100 miles away.

I cleared all his possessions out and boxed them in the garage. He has collected some of these things but wants to leave the rest until the house is sold - which is fine. Hopefully going on the market next month. So there is literally nothing of his left in the house.

He still pays some of the bills and the small mortgage and my solicitor put a homes rights notice on the house.

Things have become quite bad between us ; the children 14 &16 don't want to see him and this is obviously all my fault ! Nothing to do with the fact that he's been unbelievably cruel and nasty and lied and lied to them.

My problem is I have to go into hospital for an operation in February and am likely to be in there a week. He knows this but doesn't know the date. The children have already told him they don't want him to 'look after' them and I have sorted out all the arrangements for them to be taken care of.

My question is can I change the locks ? He has no reason to come into the house except to spite me. The worry of this is really stressing me out which I really don't need right now. If he wants to come in while I am here I have never stopped him nor would I. But I hate the idea of him being here alone as it would only be to go through my things.

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3 years 9 months ago #488118 by dukey
Replied by dukey on topic Re:Forcing entry into FMH
You need to talk to your solicitor, this can be argued from both sides, there is a bit of law that says your entitled to the quiet enjoyment of your home, from memory article 7 of the human rights act, could be wrong its a long time since i read it.

The problem is time lapse, when is it your home not his, how many months, a general guide would be six months away for him, but there is no rule of thumb, and lawyers argue it.

This was for Hatton.

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3 years 9 months ago #488120 by dukey
Replied by dukey on topic Re:Forcing entry into FMH
Dear Chrisb, you have a solicitor, i strongly suggest you listen and listen well, your situation would seem to be far from clear, not black and white, more shades of grey.

There is no such thing as a notice to enter property in family law, bar a search order, long ago known as anton piller order (The speeling will be wronggg) but that is nothing to do with your issue, Chrisb, talk with your solicitor who knows the whole story warts and all, never easy when the police are involved.

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3 years 9 months ago #488123 by rustyspoons
Replied by rustyspoons on topic Re:Forcing entry into FMH
I've asked advice on a similar topic of my solicitor, and was told that I should contact the police if STBX changed locks, but breaking in wasn't a good idea.

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