Take my wife, please! This website is a rant/guide about divorce for guys. Jan
2008
Legality of Property
January 22nd, 2008 at 10:01 am by Clive Bellmore in Legal AdviceIf you’ve recently split from your wife, but you’re still married (or even if you’re divorced) and the financial settlement hasn’t been agreed then you BOTH still have a legal right to access the former matrimonial home. Even if one of you has moved out.
Say for example your ex leaves and you’re living in the home, she then has a right at any time to enter the property. You can change the locks, some solicitors will even recommend it, but she then has the right to get a locksmith to change them again, or even to break in. The simple issue here is that police will not get involved unless there is a physical threat to one or the other parties.
What does all of this mean for you? Basically if you’re living in the former matrimonial home nothing you own in that home is safe. I’d suggest you remove any valuables immediately. She can enter the house, clean everything out and the police won’t even come out to take a look. It’s not because they’re lazy (though I’m sure that’s a factor and they’ll use the law to support their bone idle behaviour) but instead it’s because they can’t actually do anything.
Be advised though, if you’re the one who has moved out and your ex lives in the house, while yes you have a right to enter the house (and even break in if necessary) she can and will apply for a court order to have you restrained. This is something you won’t be able to do easily, but she will.
The law works in these mysterious ways.
So I’d advise you not to try entering the house if she’s in residence, and if you’re living there get your valuables out now. She has every legal right to help herself, and in an awful twist of irony she can also allow her friends and family in there as well to strip you of your possessions.
Fancy coming home to an empty house? Be warned.
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Comments
[...] my blog post about the murky area surrounding the legality of property I’ve had several searches to this website surrounding the question of whether your wife can [...]
How about if the propoerty is in the sole name of the husband, for example the propoerty is legally in my name. I have been advised as we both still live there if she changes the locks i could break in and be within the law, if i changed the locks she couldnt has she has only got a legal right to half the equity. So another spin im married and my children have chosen to live with me whatever happens. But my wife will not leave. Other than locking her out of which she would hammer and holler on the door upsetting my kids, “what else can i do to get her to leave”.
I know if the kids had chosen here it ould be a different story but they havent so im led to believe i wont have to help her at all as i have the kids, bills, mortgage to take care off. I know when the youngest is left school i would have to sell and giver her half the equity. Im Happy with that but i want rid of her now as she is hoping i will just leave as shes trying to screw up my mind. I aint going as i have no where for me and the kids to go.
Sorry to hear about that Stuart, it sounds like you’ve got a difficult situation there. I take it reasoning with her doesn’t work?
I know from my experience that’s a no go anyhow.
What about her family? Is there a father or mother who would be onside with you? Again that’s a no from my end too.
Failing that have you tried legally evicting her? That would probably be the route I’d take at this stage.
Let me know how it goes.
[...] received a comment from Stuart James on my legality of property [...]
Clive, Thanks for your reply.
As for reasoning she will not leave as she knows that she will walk away with nothing as the kids all want to stay with me “unusual i know but were all close”
My wifes parents are totally staying out of it as they think shes an idiot for what she has done and im afraid i have no family.
I must say i didnt even think about legally evicting her, but i shall go and enquire with a solicitor. More cost. Its a shame as she wants to try and work things out but it seems im the one making all the effort and all i hear from her is if i do lock the doors and kick her out she will fight me for everything and hate me forever.
Regards
can i legally kick my wife out of the house if the house,the morgage is only in my name,and what would happen regarding my 14 year old daughter.would the courts just give the house to my wife.
John
you can legally get your wife removed form your house but you would have to do this through your solicitor. Providing the house is in your name i was advised by my lawyer that i could lock her out and she would not be able to break inn. She would be entitled to her things but you could give her those through the window without allowing her entry.
One thing i do no for sure is this. even though the house is in your name and not in your wifes it is very easy for a woman to have a court order placed against you banning you from the house. you would have to fight the court order but it would be expensive. “does your wife have legal aid”?
Regarding your daughter she is at an age were she could choose which parent to live with. If your daughter chooses you as did my chilldren chose me you are laughing. You could then ask your wife to leave as it is in the best interest of your daughter that the relationship issues are to be resolved as quickly as possible. I would like to say this however, i have been with my wife for 17years and everything fell apart this year for 4 months. luckily we have worked it all out and are still together making our marriage better than it ever was. it is currently beter than it was and were still improving every week, i tell you this as its a far better solution than throwing it all away. Hope this helps.
Regards
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