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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Have been out of my house last 3-4 weeks because of a film

Resolved Question:

Have been out of my house for the last 3-4 weeks because of a film being shot there but my wife and I have been close to separating for about 1 year, and arguing intensely over the last week. She is renting a flat with our kids and I'm living with a friend; but we are due to move back into the house today. Based on her comments, I expect that she's going to try and keep me from moving back to the house ...perhaps by changing the locks or by some other means; so what is my course of action to gain entry to the house that we jointly own because I can't afford top rent and I can't live on a sofa any longer??
Ben
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Ben,

Thanks for your enquiry and am sorry to hear of your situation.

As a joint owner of the property, you are entitled to access your house as and when you wish. Therefore, if your wife were to change the locks, you have the legal right to use reasonable force in gaining access to it (ie by breaking a window for example).

I hope it wouldn't come to it, but if you fear such action may cause a full blown argument/fight, you should speak to your local Police station who may send a Police Officer to attend the property wen you gain entry if the Police feel that such an action may cause "a breach of the peace".

I hope this assists you and sets out the legal position.

If I have helped, please don't forget to rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
What about getting a legal document that sets out my rights to entry and residence in the house, if in using 'reasonable force' to gain entry, my wife then decides to call the police ?
Expert:  Aston Lawyer replied 1 year ago.

Hi,

There is no legal need for any document to be drawn up in that you are free to come and go as you please. Therefore, any document drawn up stipulating what times you are allowed access is not really worth the paper it is written on. However, if you believe this would pacify your wife, please feel free to sign such a document.

As regards ***** ***** to the Police, I was implying that the Police would tell your wife "to calm down" and explain to her that you have a right of access to the property if they did attend on you entering the house.

I hope this helps.

Kind Regards

Al

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