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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My partner forced me to leave the family home and has

Customer Question

My partner forced me to leave the family home and has changed the back door lock and keeps keys on the inside of the front door so I cannot enter. Am I correct in thinking this is illegal and what can I do?
Submitted: 3 months ago.
Category: Property Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

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

Who owns the property, how long have you lived together and are there any children involved?

Customer: replied 3 months ago.
the property is in his name but was purchased originally with joint capital. We have been together for over forty years but lived in this house for 10..Son and daughter are adult and away but we all have belongings inside.
Expert:  Clare replied 3 months ago.

Was there any violence?

Why was it purchased in his sole name?

Customer: replied 3 months ago.
Do you need more details?No physical violence but emotional and verbal abuse The house was put in his name for tax reasons.
Customer: replied 3 months ago.
What more do you need to know?
Customer: replied 3 months ago.
I cannot afford phonecall uh
Expert:  Clare replied 3 months ago.

Please ignore the annoying popups - there is no need for a phone call

Did you own the previous property together - when did he make you leave?

Customer: replied 3 months ago.
We have owned properties together for thirty years. I was forced to leave last week.
Expert:  Clare replied 3 months ago.

Ok

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 3 months ago.
I don't know but why is this relevant?
Customer: replied 3 months ago.
I would really appreciate a quick .response.
Expert:  Clare replied 3 months ago.

My apologies for the delay

It is relevant to the options that may (or may not) be available to you.

If you do not know or cannot guess then that is fine, it was just that with the extra informtaion I could give a more complete answer.

Since you are not a joint owner of the property the option of simply breaking back in is sadly not available to you - it would be a criminal offence.

This leaves two options

You can apply to the court for an Occupation Order allowing you to return to the property for a period long enough to allow you to properly rehouse yourself

or

You can arrange with the Police to attend to collect your belongings.

Either way the next step will be to take all necessary steps to force the sale of the property and the division of the equity between you.

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

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