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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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I am divorced but living in the same house as my ex. I now

Customer Question

I am divorced but living in the same house as my ex. I now feel I am unable to live in the same house so I am now moving into rented accommodation until the family home is sold.By moving out does this affect my rights with entry to the house and my rights to anything concerning the house. it was agreed in the divorce that on the sale of the house the proceeds will be split evenly down the middle. There is no mortgage on the property
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

i shall do my best to help you but I need some further information first

is the house held in joint names?

has there been a final financial order within the divorce proceedings?

Customer: replied 11 months ago.
Hi yes the house is in joint names. I don't understand what is meant by a financial order .
Customer: replied 11 months ago.
The agreement is the sale of the house the proceeds are split down the middle
Expert:  Clare replied 11 months ago.

Was that agreement written down in an Order and sealed by the Court?

When was the Decree Absolute?

Customer: replied 11 months ago.
it was agreed by the court that the house would be split 50/50 the absolute was on the 4th of July 2016
Customer: replied 11 months ago.
He has told me that he wants the sale to go trough as soon as possible but I'm worried that once I move out he will get comfortable and take his time
Expert:  Clare replied 11 months ago.

If you move out you retain the same rights of return and entry as you have now - he cannot exclude you

You have identified the only real risk of the moving out - that he will drag he feet on the sale.

To avoid this stay in close touch with the Estate Agent.

If it is clear that your ex is sabotaging the sale then you may need to apply for an Order that he vacates the house so that you can have conduct of the sale.

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Do I have to contact him first before I enter the house if he is not there. I will still have a lot of my possessions there until the sale proceeds so I may need to visit on a regular basis.
Customer: replied 11 months ago.
Does he have the right to change the locks when I move out then I will be unable to access the house when I need to
Customer: replied 11 months ago.
Sorry I didn't receive an answer to my last 2 questions
Expert:  Clare replied 11 months ago.

My apologies for the delay

No you do not need to give hm notice and he does not have the right to change the locks if he give syou a key.

You have every right to re-enter the property when you wish - breaking in if necessary!