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?
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.
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?