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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an Owner occupier I have split up with my ex who used

Customer Question

I am an Owner occupier I have split up with my ex who used to stay here but she refuses to remove her belongings and turns up everyday to use the bathroom and a change of clothes. can I change the locks legally and remove her stuff . I tried this once and the police arrived claiming she has a right to enter the property anytime .
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are you the sole owner of the property?
When did you separate and are there any children involved?
Clare
Customer: replied 3 years ago.

I am the sole owner of the property. we separated july 2013.


and there is no children involved.

Expert:  Clare replied 3 years ago.
Hi
Where is she actually living?
Clare
Customer: replied 3 years ago.

as far as I know she was staying with her father.

Expert:  Clare replied 3 years ago.
Hi
Sorry I should also have asked are you married?
Clare
Customer: replied 3 years ago.

No we are not married

Expert:  Clare replied 3 years ago.
Hi
Excellent
Since she is not a joint owner your ex has no automatic right to be in the property at all.
You need to give her "reasonable written notice to leave"
In this case where she is already sleeping elsewhere 28 days would seem appropriate.
Tell her that at the end of that time you will change the locks and pack her belongings for collection.
Make sure that you have evidence that she has seem this letter - send it special delivery to her father's house if need be.
At the end of the 28 days if she calls the police and they appear to support her go in and speak to the Senior Station Officer with a copy of the letter
I hope that this is of assistance - please ask if you need further details
Clare