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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My cohabiting partner walked out of our family home six months

Customer Question

My cohabiting partner walked out of our family home six months ago with our 3 year old. She now wants a key to get back in 'just to look'. We live 250 mikes apart and I have always said she can come in when I am there. Do I have to provide a key
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi, thanks for your question, I will assist.
Is the home jointly owned?
Customer: replied 3 years ago.
Yes. I fitted an extra lock when my partner left with my child and told her. It was because I work shifts and our house is isolated I was concerned with It being empty. We are intending selling the house with my partner living with her parents in London and me in Wales. I have never denied her access and have said I wil pay for her belongings to be transported to London. There is absolutely no way she intends to live in the house. I just don't wNt her or her father who hates and bullies me going into the house I have lived alone in now since she walked out while I am at work or asleep as I do shifts. I have always said they are very welcome to come to collect stuff
Expert:  Kasare replied 3 years ago.
Thanks for the additional information, David.
As it is a jointly owned asset, then she does have the right to enter the property and the right to a key.
However, you too have the right to peaceful enjoyment whilst you are living in the property therefore your response is perfectly reasonable, i.e. asking that she provides you with notice and to enter at a mutually convenient time.
Unfortunately, if she wished, she could get a court order to get a key from you. However, given that she lives a long way from the property and the costs involved, it is highly unlikely that she would do this.
I hope this assists. If you have any further questions regarding this, please ask.
Kasare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
My son realises he must give access to his partner to the home even though she has moved out to live with her parents in london but does he need to allow access to her parents who have always disliked him and treated him poorly. If the home is now where he is living until such time as it is sold can he say that only his partner can come in? Can he legally refuse access to anyone else? David moved to Wales to this home and his job is only a few miles away. He needs to live their safely to continue to earn to singly pay the mortgage and child care. Can he say who comes in .... With the exception of his partner and children.
Expert:  Kasare replied 3 years ago.
Hi, he can object to them coming into the property, if they ever came, but as an owner, his partner does have the right to invite people into the property.

However, if they are there solely to cause trouble, he has the right to ask them to leave. He could also call the police to have them removed if they are being aggressive and threatening.

Unfortunately, until the property is sold, or unless an agreement is made between them granting him exclusivity to the property, then there is little he could do if they entered the property.

The best advise would be to not give her a key, unless she applies for a court order (which he could object to and advise he has offered to allow her entry at any time, with notice), then ensure he is at the property when his ex attends and simply refuse the parents access - nevertheless, the consequence of this is that the separation may then become more hostile.

I hope this assists.