A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Moved out... now ex changed lock on joint house

  • misery
  • misery's Avatar Posted by
  • New Member
  • New Member
More
15 May 12 #330549 by misery
Topic started by misery
Hi

I moved out of a property 5 weeks ago that I own 50:50 with my ex as tenants in common (we are not married but lived together for 12 years).

I am now staying at my mum with our 2 year old son.

I went back last week to collect some of my son''s belongings and he''s changed the locks on the door. Later, when he had returned to the property, I tried knocking at the door but he wouldn''t answer it!

I know legally he is not allowed to do this:
- WHAT IS THE BEST WAY TO GAIN ACCESS?
- ASK POLICE TO ASSIST OR GET LOCKSMITH TO BREAK IN?
WHAT APPROACH WOULD BE LOOKED UPON FAVOURABLY BY THE COURTS?

He refuses to speak to me. He said by text that he would agree to sell house but has not put it in writing. I currently pay 50% towards mortgage, have frozen joint account and just applied to CSA for maintenance as he pays nothing towards childcare.

I do not trust him to fully co-operate with selling the house. I have moved out before and tried to sell the house in the past. He cooperated in getting the house to auction but it did not reach its price. We had an offer below it which he refused to accept. I returned to house on condition that he pays 50% towards childcare costs but he allowed over 2k arrears to build up so cannot be trusted.

Currently, he has indicated that he will get estate agents in but I don''t trust him to follow through with a sale without alot of hassle and stalling techniques. He is very selfish and controlling therefore always does whats best for him and dictates terms and can be very spiteful so often acts unreasonable.

I intend to force the sale via a court. Reading other posts on here, it would seem that I should ask to move back in with our child so that I can control selling the house and he moves out. However, I do own other properties which I rent out, and earn more money than him, so not sure if the court will grant this? He does have a lot of money from the sale of a property he owned previously (c100k) so could afford to rent or stay at his family, but i have no idea where its invested do I''m guessing its unlikely they will take this into consideration.

- AM I LIKELY TO GAIN RIGHT TO SELL PROPERTY?
- IS IT LIKELY TO TAKE A LONG TIME?
- AM I LIKELY TO BE ABLE TO MOVE BACK IN AND HE MOVE OUT IF IT WOULD MAKE HIM HOMELESS?

All I want to be able to do is get my share of the sale proceeds as i paid 50% towards deposit and did fair share of home improvements. We have over 100k equity. I simply want to be able to move on with my life and be able to support our child. I bought the 2nd property in advance just in case he stops paying mortgage, allows property to be reposessed and therefore prevents getting loan for a new home.

Thanks for any advice!

  • donkler
  • donkler's Avatar
  • Elite Member
  • Elite Member
More
15 May 12 #330558 by donkler
Reply from donkler
I Intend changing my locks early next week once her belongings have been taken.

I do exepect her to come back to snoop when I am on holiday, later in the week. Be interesting to see what people say here.

  • raybird
  • raybird's Avatar
  • Platinum Member
  • Platinum Member
More
15 May 12 #330563 by raybird
Reply from raybird
i was told to change the locks, as of yet still havnt done it, but he cant get in as i now use the back door as the main entrance, he had no key to that door, i just couldnt take anymore of him turning up while i was at work, then things turned rather nasty one night, he still turns up now and again for a wander round the garden and to take the odd thing, but at least he cant get into the house, put a blind up to so he cant even see in xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

  • donkler
  • donkler's Avatar
  • Elite Member
  • Elite Member
More
15 May 12 #330569 by donkler
Reply from donkler
Thanks Raybird.

Im not sure if my STBX has taken copies, or taken spare keys out of the house months back, so in my case better safe than sorry - I will change all the locks for piece of mind.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11