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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter has split with her husband, after 2 days of her

Resolved Question:

Hi my daughter has split with her husband, after 2 days of her moving back home - along with her 10 month old son,and after refusing to return to him when he asked, her husband changed the house locks so she couldn't get back inside to retrieve her belongings or baby's bedroom furniture which she bought along with other furniture which she has bought herself. My daughter contacted the police and they arranged to meet at the property
yesterday morning (Sunday 2nd Oct) but he didn't show so were unable to gain access.
What can we do to get in the property so that she can get all of her belongings?
Thank you,
Jill Wootton
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who owns the property?

Customer: replied 9 months ago.
Her husband took out the mortgage in 2014 and I believe just his name is ***** ***** mortgage
Customer: replied 9 months ago.
No thanks, ***** ***** can just give some advice as to how we best gain entry to retrieve her possessions please
Customer: replied 9 months ago.
Hello are you still there ?
Customer: replied 9 months ago.
Hello !
Expert:  Clare replied 9 months ago.

Your daughter has Matrimonial Home Rights on the property and can return there whenever she wishes.

Indeed if she applied to the court she would most probably be able to obtain an Order allowing her to live there and forcing her ex to leave.

The difficulty arises because she is not also a joint owner of the property.

If she were then she could simply break in without any come back.

As she is not a joint owner it is a grey area.

As I said she has the right to return there and accordingly if any damage caused by the break in was immediately repaired it is unlikely that the Police would take any action

If you would rather not take that approach then your daughter needs to make an application to the court for the right to return to the property using the form here

https://formfinder.hmctsformfinder.justice.gov.uk/fl401-eng-20160213.pdf

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Clare, sorry for being impatient !
Thank you very much for your response, I have found it very helpful !
Kind Regards
Jill
Expert:  Clare replied 9 months ago.

You are welcome - I hope all goes well