My ex partner (not married) left our family home after i found out he was having an affair. We have 3 young children. I have recently been on holiday and had the locks changed before i went as didn't want him in the house while i was away. He decided to break in through an open upstairs window, took a load of things that were jointly owned and then left via the front door taking a new key with him. He is no longer paying towards the mortgage although his name is still on mortgage he is refusing to give me my key back. where do i stand legally on this?
I left my husband nearly 2 years ago he changed the locks, the legal advise i received was he shouldn't have done that and he needs to give me a key. If he doesn't and won't let me in the house I am in my right to inform the police that i'm breaking in to my own home but I would need to repair any damage I made. I still have personal items in the house.
He won't give me a key, I haven't broken in as i really don't want the hassle we have a teenage son who live me. I just want to move on.
My ex is a nasty piece of work and the reason I left was because I wanted to feel secure in my own home and if he had access to it I would be on edge expecting him to barge in anytime drunk and wanting an argument. I just didn't need it.
However, I believe (as I've another friend who has also separated) if you live in the marital home even if your ex has a key he does have to give you notice when he plans to enter the property.
I also believe all of the above is only correct if he is on the mortgage??
Although I'm the one not living in the marital home I do sympathise with you greatly. Separation/divorce etc., is a horrid affair when it's not amicable and very sad when there are kids involved.
All the best.