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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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Can you legally stop a partner coming into the house. The house

Customer Question

Can you legally stop a partner coming into the house. The house is jointly owned but the partner is paying nothing. He was living with a girlfriend but now says he has nowhere to take the children on they days he sees them and insists on coming to the house, lets himself in and expects to have the house to himself. This causes terrible scenes and the children are witnessing this. What can I do to keep him from coming in and out when he feels like it. We expect to lose the house at any time as the debts are mounting to enormous levels. He has been gone for about 9 months
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I am sorry but if the house is jointly owned and you do not have orders excluding him then he is entitled to enter as he chooses. There is no ground to exclude a person on the basis that he is being selfish and unfair.

He cannot demand that other people leave though if they are joint owners. All joint owners have a right to remain there and they cannot be asked to leave save for very exceptional reasons that do not include his preference to have the house to himself.

Obviously there may be offences in the scenes. It depends what you are describing. If its just a verbal argument then probably not. I notice you have tried the police already and if they haven't acted then that tends to suggest there are no offences being committed.

I am sorry but unfortunately jointly owned houses are literally jointly owned.

I am very sorry if this is bad news.

Can I clarify anything else for you?

Jo
Customer: replied 4 years ago.


No thank you, I thought this was the case.


Thanks again

Expert:  Jo C. replied 4 years ago.
Sorry I cannot be more positive.

Obviously if he commits offences then things would change.

Please remember to rate my answer.

All the best.