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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26015
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Does my ex have a right to enter family home after 9 yrs to

Resolved Question:

Does my ex have a right to enter family home after 9 yrs to retrieve personal assets even though he took what he wanted when he left.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if you were married please and if so have you divorced and did you obtain a consent order for financial division?
  2. Is the home you refer owned by your ex still or was it ever owned jointly with them?
Customer: replied 2 years ago.

We weren't married. House in joint names. We also have disabled child who would find it distressing having dad in the house.

Expert:  Joshua replied 2 years ago.
Thank you. Is the house still in joint names? Have you applied for any kind of court order restraining contact between you and/or your child and dad?
Customer: replied 2 years ago.

House is in joint names. No restraining order. Bas Italy is he allowed entry or can I look for items and if found pass c to him

Expert:  Joshua replied 2 years ago.
thank you. The starting point is that if he remains a joint owner of the property, it follows that he has a right of access and indeed occupation in respect of the property as a legal owner. In order to restrict this access, you would either need to look at taking control of the property either with his consent and the consent of any mortgage lender, or alternatively seeking a financial settlement with him with regards ***** ***** assets, if necessary through the courts and if necessary, by seeking an order under the Children's Act with regards ***** ***** property.In additional alternatively, if you can demonstrate that your ex has threatened you or your child or has used actual violence agaisnt either of you or is simply intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your child then you may also be alle to seek a non molestation order which may require him not to contact you or enter the property or restrict whatever other behaviour that concerns you. You can apply for a non molestation order using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117You may decide you would like a solicitor to support you with the application though it can be made yourself. If you do you can normally find a local solicitor that will offer a free initial consultation with you using the following link:http://www.resolution.org.uk/findamember/ I hope the above is of assistance?I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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