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Unmarried separation..my rights to enter my home

  • Discoo1
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22 Feb 2009 14:18 #91750 by Discoo1
Topic posted by Discoo1
Hi there...

I am having quite a few problems with separation aftermath!!
I separated with my partner around 7 months ago, at which time I left the home we were living in. We had a joint mortgage and my name is still on the mortgage. I was still paying for my share of the mortgage up until last week, even though my ex was living in the house. I did not take anything from the house on leaving, even though I paid for most of the contents of the house including sofa, fridge/freezer, furniture ect. I have now cancelled the direct debit for my contribution to the mortgage as she will not move out of the house and wants to keep it. We can not take my name off the mortgage as I am tied in to this until the June/July this year...and also even if we did sell up and split the proceeds....the house is a negative equity, therefore this is not an option for either of us.
I only wish to take some of the items from the home which i have got receipts/invoices for....namely a leather sofa/fridge freezer. She will not let me take these items and is making things very difficult.
I just do not know what to do at this point in time. What are my rights to enter the premises and take these items? Specifically without her consent????

Also....she has kept the pedigree dog which cost £1000 and for which I have the invoice and lisence from the kennel club, which has my name on it....what are my rights to take the dog???

I will be very grateful for any advice on these matters as I just do not know what to do and what my rights are.

Thank you very much indeed.

  • NellNoRegrets
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22 Feb 2009 15:16 #91767 by NellNoRegrets
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If your name is on the deeds of the property you have a right to enter. But I think if you do an in-out and take the fridge without warning it wouldn't be very kindly received. Have you got some mutual friends who could mediate a bit between you?

  • Zara2009
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22 Feb 2009 16:07 #91790 by Zara2009
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Hi

It is really a case of taking what is yours when you can enter the property. I had the same problem as you, I even had receipts for items in my name, and the git took them too. I did not have a leg to stand on. It is not theft you see, when you share a house, whether you are married or not it makes no difference, they can take what they like. Unless of course you have loadsa money to take it to court, you are stuffed.

I did manage to enter the property once before the final day,and I wish I had emptied the bl@@dy place.

If you are on the mortgage, you have a perfect right to enter the property. If the items are yours, take them. You will not get a second chance.

Just take the dog, I lost mine to the thieving pratt too!!!!!!!!!
zara

ps I had even written a list, sent to his solicitor, why I bothered I just dont know. It makes no difference, once your items have gone, they have gone for good.

good luck

zara

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23 Feb 2009 12:47 #92072 by Discoo1
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Hi Zara..

...Many thanks for your advice, its much appreciated!
Yeah its a real pain in the neck having to sort all this stuff out...its frustrating when she has got everything in the house which I have paid for including flooring, decor...I mean everything that we had done to the house I paid for and she wont even let me have a couple of things. It was a bit of a mission, just trying to get her to give me my own clothes back!
I have been very cautious about all this as she is a community support officer and many of her friends are police officers, so I have to tread very carefully.
I am thinking that I will go to the house when she is not in and just take what I want. She has changed the locks, but my brother in law fitted one of the patio doors around the back and I can get in without causing damage to the property...get my things...then put the door back and leave....that way, if I have the items, and the receipts and I have not caused any damage, then there is very little she can do I suppose. Is that right?

Thank you Zara...x

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23 Feb 2009 12:58 #92078 by Zara2009
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Hi

This is what I was told by my solicitor...

You can enter the property any time you wish to.
If the locks have been changed, you can break a window, or a door down, and walk away WITHOUT repair. You cannot be arrested or charged for breaking into your own property. It is not criminal damage. If your name is on the deeds/mortgage, you are only damaging your own property.

She should give you a set of keys anyway.

But, if you can get in and out without damage and retrieve your items, I would do it asap.

Good luck.

I lost so many items, wish I had taken my solicitor's advice more literally at the time. When I phoned the police and told them that many of my items had gone missing, they just DID NOT WANT TO KNOW.

Do it.

zara

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23 Feb 2009 13:05 #92080 by Discoo1
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Hi there..

...Thank you for your response. Thats the thing, she does not like to compromise and is rather vindictive, therefore she has disregarded any such suggestion in the past. And the mutual friends are not keen to get involved in any of our issues. I have tried to be reasonable and sort things out like adults, but she is intent on taking everything I have paid for and stay in the house which is jointly owned. So I think the only option now is to enter the house when she is out...without causing damage, and take what is rightfully mine. I have been as patient and let her walk all over me for far too long and paid for the privilage.
Thank you for your prompt respone. x

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23 Feb 2009 13:18 #92087 by Discoo1
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Hi Zara...

....Oh Fabulous, even better! In case I can not get in, it will be useful to know that I can break in if I need to! Because she has been the way she has, It's making me want to take everything in the house....but I won't do this of course. I am very reasonable and do not wish to drag any of this out any longer than it needs to be. I just want my sofa and fridge and a couple of other small bits as I am moving in to my new flat at the weekend and begrudge having to buy a new sofa and fridge when she has had everything else. I can not afford to be forking out any more money for new things, especially when I have been paying the mortgage for the last 7 months since splitting up! I don't like feeling that someone is taking the p*ss and walking all over me, lol.
Thanks again Zara!

Anna x

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