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Visitation rights to house once moved out

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14 Oct 12 #360891 by Mr S
Topic started by Mr S
I''m aware that once a partner on the deeds has moved out of the MH that he/she must be allowed access to the property, however, what are the rules around this?

Is he/she allowed to turn up un announced and expect access to the property? which could encroach on the remaining resident partners own privacy?

Should they make an appointment to enter the home that is mutually agreed between both parties? or does the deserter really have the rights to swan in and out of the property with little or no respect to the remaing parties privacy or personal property?

Thanks

  • Now Gone From Wiki
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14 Oct 12 #360895 by Now Gone From Wiki
Reply from Now Gone From Wiki
Hi Mr S

I don''t know the answer to this but am interested in the answers you will get so am posting this so I get advised when others, who hopefully can actually answer your question, respond.

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14 Oct 12 #360897 by Mr S
Reply from Mr S
Thanks, look forward to them rolling in...

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14 Oct 12 #360907 by rubytuesday
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A right of entry needs to be balanced against the remaining spouse''s right to a private life.

If the non-resident spouse has been living elsewhere for a period of time, then the FMH is no longer their home and they should little reason to enter the property. Should access be required, to collect personal belongings or to discuss/inspect repair work for example, then the courteous and respectful thing to do is to agree upon a mutually convenient day and time to do so.

If the non-resident spouse is indeed "swanning in and out of the property with little or no respect to the remaining parties privacy or personal property" then I would suggest you consider the security of the house and adjust as required.

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14 Oct 12 #360916 by Mr S
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Thanks for your input, however, I was aware that if I changed the locks I could face some bother? as it would look as I was preventing the other party access to the property?

I feel it''s reasonable to expect a mutually agreed appointment for the ex to attend to collect things or make sure I havn''t damaged the place and I wouldn''t prevent that, but for them to come and go as they please and to state that I can''t stop them is wrong.

Am I correct excercising my right to privacy? and requesting agreed appointments? and how do I uphold or enforce that? Can I make an application to the court for that sort of thing?

Thanks

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14 Oct 12 #360919 by Action
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I think a decision on balancing the rights of entry against privacy depends how long ago the ex moved out. It is possible to get a non-molestation/occupation order but I believe there would need to have been some ''trouble'' to secure that. I think if you changed the locks your ex would need to get a court order to get them changed back. Success in doing this would depend on how long ago your ex moved out.

I insisted that my ex makes appointments but he still abuses the rules - helps himself to hot drinks and food from the fridge (he moved out January 2011!) and generally behaves as if it''s still his home. It is so unsettling.

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14 Oct 12 #360920 by Mr S
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My ex moved out 4 months ago. I have had to involve the police twice since as they tried leaving the premises with goods that do not belong to them, then tried throwing a computer system out of a 1st floor window, and then last week came in and started throwing my property around the room and I had to call the Police again to get them to leave the property, they then left before the Police arrived.

Is that enough to gain a non molestation order?

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