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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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iam separated and have left the family home a year ago. the

Customer Question

iam separated and have left the family home a year ago. the home is jointly owned and we are still legally married. the children live there with their mum, I have been paying half the mortgage and child maint, do I still have the right for a key to access the house?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and why do you wish to return to the property?
Clare
Customer: replied 2 years ago.

To make sure my kids are OK and the house is in good order and to pick up things that belong to me.

My kids are 15 and 10

Expert:  Clare replied 2 years ago.
Hi
Have you given a list of the items that you require from the house?
Clare
Customer: replied 2 years ago.

Yes but she says that because I left over a year ago I have no right to anything.

Expert:  Clare replied 2 years ago.
Hi
What have you asked for?
Clare
Customer: replied 2 years ago.

A professional knife set is mostly all I want.. The rest I am not to bothered about.

Expert:  Clare replied 2 years ago.
Hi
Are there solicitors involved at all?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
Sorry I should have asked - has she actually changed the locks?
Clare
Customer: replied 2 years ago.

No she hasn't

Expert:  Clare replied 2 years ago.
Hi
Legally you are entitled to return to the property whenever you wish - breaking in if necessary.
Indeed you are entitled to do so even if you are not paying the mortgage
Your ex is also wrong (of course) -chapel street the fact that you left a year ago is irrelevant - you still own your personal property - and are entitled to a share of the joint items - always remembering that the priority is maintaining a home for the children.
However the right to enter is one which you should exercise with care as the time you have been away means that the court could see your returning as an aggressive act.
Instead I would suggest that you try using Family Mediation
www.familymdiationhelpline.co.uk
to discuss a financial settlement with your ex to include the contents
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare