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Locked out of marital home - practical questions

  • humdrum
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15 Jul 12 #343245 by humdrum
Topic started by humdrum
It seems from members'' advice that there are 2 ways of getting access to former home when stbx spouse changes the locks.
1. Go with a locksmith, but you need to prove that you are an owner - how do you do this? What would a locksmith and/or police need to see?

2. Apply to court - but which court? Family court? How do you do it?

  • Fiona
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15 Jul 12 #343254 by Fiona
Reply from Fiona
What do you mean by locked out the house? It would be different if it is your home, when it''s no longer your home you have left and need access to collect possessions or wish to return having not lived there for some time.

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15 Jul 12 #343268 by humdrum
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Thanks Fiona, that was like a slap in the face.

I jointly own that house and had to move to avoid abusive behaviour. I have exhausted all polite means of trying to get my things. I have had a key and not used it out of respect, I have tried to make appointments, I get no reply, I have knocked on the door on one of said appointments and had it slammed in my face.

Now the locks have been changed and attempts to make arrangements still ignored.

  • wmorris2
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15 Jul 12 #343269 by wmorris2
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Legally if your name is on the deeds you can use reasonable and necessary force to enter the property BUT if you do not repair afterwards you Can be done for criminal Damage.

However you can also ask the Police to assist you. I went to them when this happened to me and I was given both pieces of advice.

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16 Jul 12 #343359 by humdrum
Reply from humdrum
Thanks wmorris2. Did you go ahead, and, if yes, did you need to prove ownership to police/locksmith?

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16 Jul 12 #343372 by cookie2
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wmorris2 wrote:

Legally if your name is on the deeds you can use reasonable and necessary force to enter the property

Legally, you have no such right.

A landlord is on the deeds for his house. Does he have the right to break in when his tenants are out? No.

Being on the deeds does NOT give you automatic right of entry or the right to use force to enter.

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16 Jul 12 #343382 by happyagain
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Hi humdrum,
This happened to my husband and his ex, he had requested via her solicitor to enter the property and collect possessions, also to enter with an estate agent - both with a third party present. He was refused this and her sol actually said that if he attempted to enter if would be viewed as harassment and the police called (it really annoys me that a sol would say this when there is no evidence to back this up, it was simply an aggressive posture and he ought to have known better!)
So my husband himself called the police and explained the situation to them. They said they were used to this kind of thing happening and that they would accompany him if he so wished so as to avoid any more false accusations. When he forwarded this info to his ex, she agreed for him to enter the property as she had no wish to be seen as being the party at fault.

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