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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Have I got rights to move back in to my home?

Resolved Question:

Have I got rights to move back in to my home?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you able to kindly confirm a little more of the background to this please? i.e. why did you move out in the first place, who is preventing you from moving back in?

Customer: I left because I was seeming someone else now I need to move bk in
Customer: My ex has change the locks to
Joshua :

Thanks. Are you married to your ex please or were you just co-habiting?

Customer: Both names are XXXXX XXXXX house
Joshua :

Thanks. This is a property you jointly own or rent please? Are you married to your ex please or were you just co-habiting?

Customer: Co habiting and own the house
Customer: Been together for 20yrs
Joshua :

Many thanks. Finally do you have any children together and if so who has custody if under 18? Do you fear any violence or threats if you move back in? May I ask if you are female or male and if your partner is female or male - the reason I ask is it can be relevant to applicable court orders available to you?

Customer: No children i am female and my ex is male
Joshua :

Thanks. Based on what you say if you jointly own the property then you have an absolute right to occupy it jointly with your ex partner unless there is a court order that says otherwise - i.e. your ex has obtained a non molestation order against you because of violence or threats you made which I assume is not the case here

Customer: Thanks. What about the locks?
Joshua :

Assuming this is the case you can advise your ex partner that you intend to move back to the property and require access on [date]. You can if necessary require access by asking a lock smith to attend to give you access - you will need to evidence ownership by showing him proof you live(d) there, i.e. a utility bill or your title deed. You can also ask the police to attend if your ex partner will not give you or the lock smith access.

Customer: Ok so I can really move back in?
Customer: Can the police ask me to move back now?
Joshua :

If the house is jointly owned you have an joint and equal right of occupation. Your ex cannot exclude you unless he has a court order as referred to above - he would not be able to obtain one without substantive evidence showing the above which I assume he would not have. If he refuses to give you access the police will often be prepared to assist if you can prove ownership or if they won't - they can be inconsistent - you can apply for a court order to require access though this would hopefully not be necessary.

Customer: Thanks
Joshua :

Ideally you should give your ex notice of your intention before just turning up - so you can show you are acting reasonably - though strictly in principle you could just turn up and demand access. However being able to show you have acted reasonably is always helpful in the event that a dispute proceeds to court and an advance notice is if nothing else polite and helps to demonstrate this. You need not give significant notice

Customer: Ok
Joshua :

Is there anything above I can clarify for you any further?

Customer: No thanks for your help
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Customer: Will do thanks.
Joshua :

ps if you do not have evidence of your title to the propery consider downloading your title deeds from the Land registry as evidence. (link below)

Joshua :

Joshua :

Cost is £3

Customer: Thanks
Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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