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Changing the locks?

  • stephen*john
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17 Apr 12 #324594 by stephen*john
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My wife moved out of the FMH 17 months ago and our divorce is not final yet, but she continually wants to enter the home like she still lives there. She currently lives with her new partner in a rented home and our two children (15 & 12) live with her. The children spend 6 nights out of 14 with me at the FMH.

I have not disallowed her to gain access to any items of her personal property in the home, and only ask that she enters while I am at the home, as she has previously opened my mail and I removed many more than half of the marital owned property. I believe that my privacy is an issue here especially as my new partner stays at my home, the FMH, a few days a week.

She continually creates bad feeling because she objects to anything new I do at the home, like moving furniture etc and she wants it to stay like it was when she left. She wants to be able to come and go as she pleases, and does not respect my privacy at all!

I have now changed the locks, but I would like to know if it would be seen legal to do this as she moved out over 17 months ago?

  • blonde cazza
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17 Apr 12 #324604 by blonde cazza
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I had the same problem with my ex coming into the house...i was told that as long as there name is on the mortgage they can come in and you cant change locks!

  • Lostboy67
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17 Apr 12 #324628 by Lostboy67
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Well there are two things here,
she is I assume a co-owner of the property so has some right to access the property, but that needs to be balanced against you rights to privacy, no doubt she would kick off if you were to ask her for keys to her house. It would be reasonable I think to insist that she only enter the property by prior appointment.

LB

  • stephen*john
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18 Apr 12 #324646 by stephen*john
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She is co-owner in the fact that we have lived there as a married couple for 18 years, but it is only my name on the mortgage.

She believes I do not deserve privacy as I have not respected her by keeping the house exactly as it was when she left in Nov 2010, because she just may want to move back in.

She has lived with her new partner since early 2011 in a brand new detached property.

  • Emma8485
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18 Apr 12 #324647 by Emma8485
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I have this issue with my ex as he lives in the FMH and on occasion I have needed things from there as I had to leave and kit out a new house.

We reached an agreement where I let him know if I am going, what it is I am removing, and to be fair I have not been for a few months at least now. His new partner stys there wheneevr they have the kids and I doubt either of them would be happy if I started whinging about furniture layout!

There was a similar post a while back about someone doing this, and a very firn solicitors letter explainign the need for notice to enter, and your right to privacy in your own home should do the trick.

Also its a criminal offence to interefere with someone elses mail I believe?

  • cookie2
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18 Apr 12 #324708 by cookie2
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In these circumstances I would tell her to pound sand. Change the locks. She has no reason to enter the house: she is living with a new partner and the kids live with her.

It does not matter whether she thinks you deserve privacy or not... under the EU human rights act, you do.

And most importantly press on with the divorce and get it all finalized. When that is done it will all be sorted anyway.

  • rugby333
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18 Apr 12 #324714 by rugby333
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Stephen*john,

Grow a pair!

No judge gives a damn what you do re locks. She lives in one place and you live in another. assets will be divided as and when the process concludes. End of.

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