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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been seperated for 2 years and have 2 children. We

Resolved Question:

I have been seperated for 2 years and have 2 children . We have a marital house which I pay for. She has changed the locks and won't allow me in the house . My question is can she do this and could I legally move back into the house ?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you married to each other?

-Is the title in joint names?

-Are there any court orders excluding you from the property?

Customer: replied 11 months ago.
We are still married . The title is in both names.There are no court orders excluding me from the house
Expert:  Harris replied 11 months ago.

Thanks for confirming. Legally she is not allowed to change the locks without a court order. He has a legal interest which entitles him to occupy the property and also obtain a share of the proceeds of sale (or for him to be bought out for his share). However, as they are married and have two children the main carer of the children will likely have the higher needs and therefore be able to persuade a court that the property is required to accomodate the children - but in respect of your specific question legally he will be allowed to return to the property unless a court order is in place excluding him.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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