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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My ex partner whom I have lived with (and shared all bills)

Customer Question

My ex partner whom I have lived with (and shared all bills) for 3 years has changed the locks on our property (that we bought in February 2013 and have only just moved into) and is refusing to allow me home. The house is in her name as only she could get a mortgage as I left my job in order to renovate the house full time for us to subsequently live in. We agreed initially that I would cover all costs of renovation as well as purchasing all of the furniture and was assured by her that having just her name on the mortgage would never be a problem. We unfortunately broke up just after we completed on the property (feb 2013) but agreed that I would finish the work on the house and that we could live together (in separate rooms) until the house was sold allowing us to move on amicably.  I subsequently spent all off my savings (£35000) renovating the property and making it habitable for us and we moved in officially around two weeks ago (June 2013). Although not ideal, everything seemed to be going as best it could until we had an argument in which I admitted that since our break up I had been on a date with another woman. Sarah furiously made a false allegation of common assault and had me arrested (I was not charged and the case was dropped by the police within 2 hours as it was obvious to all concerned a fabricated story made up by Sarah in the heat of the moment). Knowing that I had upset Sarah I agreed to stay away for the night in order to give her some space and to allow her to calm down enough for us to talk about it and move on. However upon my return to the house the next day I found that the locks had been changed and Sarah was point blank refusing me entry to my home. Unfortunately I have nobody I can turn to for help and I have spent all of my savings on renovation of the house so I now find myself homeless, jobless and without any money in order to find accommodation whilst this matter is dealt with. It has now been four days, I have tried communicating with Sarah but she refuses my calls, I have begged and pleaded for her to see sense and allow me back to my home until it finally sells, however she is not willing. I have evidence to show that I have a huge beneficial interest in the property but need advice on whether I can obtain an occupation order allowing me to go home. As you can imagine I am extremely worried as I have been locked out of my home thus rendering me homeless and that I have nobody I can turn to for help and no means to look after myself until this situation can be resolved. I had hoped that after a few days that Sarah might see sense and allow me home, however that is not the case meaning I have no other choice but to go down the legal advice road. This matter is extremely urgent and any help or advice would be greatly appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise
you fully.

 

Do you have a specific question?

Customer: replied 3 years ago.
Yes. Was she legally able to change the locks whilst I was not present, without any notice and especially given my beneficial interest in the house. What do I do in order to Be able to return home until property sells
Customer: replied 3 years ago.
Relist: Other.No answerMy ex partner whom I have lived with (and shared all bills) for 3 years has changed the locks on our property (that we bought in February 2013 and have only just moved into) and is refusing to allow me home. The house is in her name as only she could get a mortgage as I left my job in order to renovate the house full time for us to subsequently live in. We agreed initially that I would cover all costs of renovation as well as purchasing all of the furniture and was assured by her that having just her name on the mortgage would never be a problem. We unfortunately broke up just after we completed on the property (feb 2013) but agreed that I would finish the work on the house and that we could live together (in separate rooms) until the house was sold allowing us to move on amicably.  I subsequently spent all off my savings (£35000) renovating the property and making it habitable for us and we moved in officially around two weeks ago (June 2013). Although not ideal, everything seemed to be going as best it could until we had an argument in which I admitted that since our break up I had been on a date with another woman. Sarah furiously made a false allegation of common assault and had me arrested (I was not charged and the case was dropped by the police within 2 hours as it was obvious to all concerned a fabricated story made up by Sarah in the heat of the moment). Knowing that I had upset Sarah I agreed to stay away for the night in order to give her some space and to allow her to calm down enough for us to talk about it and move on. However upon my return to the house the next day I found that the locks had been changed and Sarah was point blank refusing me entry to my home. Unfortunately I have nobody I can turn to for help and I have spent all of my savings on renovation of the house so I now find myself homeless, jobless and without any money in order to find accommodation whilst this matter is dealt with. It has now been four days, I have tried communicating with Sarah but she refuses my calls, I have begged and pleaded for her to see sense and allow me back to my home until it finally sells, however she is not willing. I have evidence to show that I have a huge beneficial interest in the property but need advice on whether I can obtain an occupation order allowing me to go home. As you can imagine I am extremely worried as I have been locked out of my home thus rendering me homeless and that I have nobody I can turn to for help and no means to look after myself until this situation can be resolved. I had hoped that after a few days that Sarah might see sense and allow me home, however that is not the case meaning I have no other choice but to go down the legal advice road. This matter is extremely urgent and any help or advice would be greatly appreciated.
Expert:  Stuart J replied 3 years ago.




I am sorry, but this is not an instant service because we
are all solicitors in practice. We do not sit online 24/7. We all have clients
and court and other users on this site and travelling and weekends and evenings
etc. We are often on and offline all day every day.
Do you want your money from the house?

To live back in it?

Please confirm that there is no court order keeping you from the property?

Are children involved?


Customer: replied 3 years ago.
Sorry for my impatience as you can imagine this is a very stressful situation to be in. I want to be able to live in property until it sells. There are no children involved and there is no court order
Expert:  Stuart J replied 3 years ago.


Thank you.

The property is in her sole
name and she has the right to exclude you as an unwanted guest. It would be
different if in joint names or you were married.



All you have is a financial
claim on the property and a court will not grant any right to move back in.
Sorry.



I appreciate that this isn't the
answer that you wanted but there is no point in me misleading you.



 



Does that answer the question
even so? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed.



Please bear with me
over weekend because I will be online and off-line.

Expert:  Clare replied 3 years ago.
HIIn fact you can make an application for permission to return to the property - but only for a limited time to allow you to rehouse yourself - not for a period that would allow the house to be sold I am afraidYou can discover more herehttp://england.shelter.org.uk/get_advice/downloads_and_tools/relationship_breakdownand it could be a useful negotiating toolClaire
Expert:  Stuart J replied 3 years ago.

My colleague is correct but on these facts I wouldn't waste my money or time. Yr ex has already been to police and she can easily allege violence and ask the court for an order to exclude you.

The burden on civil court isn't as high as police prosecution.

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