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JGM, Solicitor
Category: Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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I am going through an spb divorce aided by a lawyer who is

Customer Question

I am going through an spb divorce aided by a lawyer who is aiding on a non paid basis for both of us. My wife lives in dubai as an expat. We have a flat in both our names . My/our lawyer designed her living at that address and myself at my current adress elsewhere to aid a quicker divorce-21days rather than 42 after signing . Unfortunately she objected at the final hour after the papers having been serviced by the sherriff court and we have to go through the process again. She is definitely living abroad and i may be spliting from my present partner. Given tnat i still am on the deeds of the joint flat is there anything stopping me moving into it? She has had my name removed from the council tax at the flat but it appears she is not paying this. I will therefore be held responsible also. She arrives at the flat a few occasions a year and i also do not know what other bills will be outstanding. I am not on the electoral register there obviously. I would need to force entry. I do not wish to break any laws. Thankyou
Submitted: 4 years ago.
Category: Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If the flat is owned jointly than you are entitled to be there and to live there. You are also entitled to force entry to it and change the locks as well as you give your ex a key. She of course has the same rights.

Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thankyou. I presume therefore that this becomes a game of ‘lock’ tennis where one can easily change the locks followed by the other and so on? Finally i presume that given no separation agreement then either of us has the right to live there. She has been paying the mortgage for a number of years so does this affect my rights?

Expert:  JGM replied 4 years ago.
Either of you can live there but the other is entitled to do so as well so both are entitled to keys.

The fact that she has been paying the mortgage is not relevant.