How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 3700
Experience:  Senior Associate Solicitor
Type Your Family Law Question Here...
JimLawyer is online now

My wife moved out of our rented property 6 weeks ago. The

This answer was rated:

My wife moved out of our rented property 6 weeks ago. The tenancy is in my name only and she does not contribute financially to the home. Does she have a right of access when I am not in?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet
Assistant: Where is the home located?
Customer: Warminster
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: It is military accommodation
Hello, thanks for the questionNo, she does not because she is not on the lease and does not own the property either. If you owned it and she was not on the deeds she could apply for a right to stay if she applied to the court but this being a rental property she has no right to stay there. The only way she could get the right to stay in your rental property is if she applies to the court for an occupation order - however she’d be looking at costs in excess of £1000 (they can be up to £5000) and the orders usually last for 6 months. So I doubt she’d apply for this.I hope this helps - grateful if you can accept the answer and give me a rating for my timeJim
Customer: replied 5 months ago.
Hi Jim, thanks for the response. Would she have right of access (not to simply stay) for example to collect property she owns when I am not in? This is not denying her access to her property, but simply making sure I am there when she comes round.
Thanks for your help,
No unless she has a court order - no right of access despite her things being there
Customer: replied 5 months ago.
My wife has said the police have agreed to go there. Is there definitely no right? As I said, I’m content to agree access to the property, but only when I’m there
Customer: replied 5 months ago.
Sorry- ongoing saga!
No right - it’s a civil matter and she’s roped the police in to ensure no breach of the peace etc - they can’t break in.
I’d arrange to be there when she arrives so she doesn’t end taking more than her own things
JimLawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
That’s my intent, and as I’m not there this weekend, I’m not prepared to give her access.
Customer: replied 5 months ago.
Thanks again!