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Thank you for question. I am a solicitor in Scotland. Why does she want a key.
I agree with you although as a matter of law she has occupancy rights (for a period of 2 years from separation) in the house as your spouse under the Matrimonial Homes (Family Protection) (Scotland) Act 1981. An exclusion order only applies to a non entitled spouse needing protection from the owner spouse in cases of violence so that doesn’t apply to either of you. Your only way of dealing with this is to divorce her or apply to the court to suspend her occupancy rights on the basis that she doesn’t need access to the house and is just being bloody minded about it.
You don’t have to do anything initially. Have a look online at sections 1 and 3 of the Act of Parliament I referred to above and you will see what I mean. If you refuse to allow her access to the house, it is for her to apply to the court to enforce her occupancy rights and you can defend that action by asking the court to restrict her occupancy rights on the basis that she has another home and doesn’t need access to your house for any reason.
Initially, that would be the case, yes, unless there is a full hearing where evidence would be led. In most cases that is unlikely.
Very likely, as she has no reason to be in the house and doesn’t need it as a home which is what the purpose of the Act is: to ensure that non entitled spouses who are victims of abuse have a home to go to.
I doubt she will do it. She has nothing to gain and lots to lose. Tell her she isn’t getting access, if she wants access she has to go to court to have the occupancy rights affirmed under the Act and you will be asking the court to suspend her occupancy rights as unnecessary. As I said before read the sections of the Act so that you are acquainted with the law here.
I certainly would.