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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife has moved out of the family home and rents a

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My ex wife has moved out of the family home and rents a house where she now resides. I will be buying her out of the property as the divorce goes through. I have changed the front door lock as it was broken and she now wants a key. She no longer has any personal property at the house. She has taken things I have purchased since our separation without my consent. She has smashed a window to gain access to the property to leave a bag of clothes for the boys this was against police advice. Do I have to give her a key, does she need to give me notice if she wants access to the property and is she liable for the damage to the property when she broke the window?
Clare

Thank you for your question

My name is Clare

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

How far has the divorce reached?

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Customer: replied 1 year ago.
It's early stages, we've been separated a year but she only moved out 2 weeks ago. We have agreed 50:50 custody of our 3 children. My wife wants as much money as she can get, so despite me paying for everything and her keeping all her own money she is entitled to 50% of everything. She has said she will not contest a divorce on the grounds of her adultery but she hasn't returned the confession statement or returned our marriage certificate yet. She has no grounds to divorce me. I will be filing as soon as I get the signed confession statement back
Customer: replied 1 year ago.
Do you need any more information? X

Very sensible to wait for the Confession statement.

I am afraid that your wife remains entitled to enter the property whenever she wishes - and is entitled to break in (as she has already done)

It would be best to give her a key and ask her for the common courtesy of letting you know when she will call in (although you cannot insist on it)

You can certainly ask for the costs of repairs as part of your settlement

I appreciate that this is not the news that you were hoping for but sadly it is the law as it stands

Please ask if you need further details

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Customer: replied 1 year ago.
No it wasn't the news I was hoping for does this mean she can come and go as she pleases?
Can she continue to leave the property unsecure? With no reason to need to enter the property? Can she continue to take my things? Would this be the case of the roles were reversed?
Thank you for your help

I am afraid that yes she could (as could you if the roles were reversed)

However if she continues to misuse this by removing your belongings then you could potentially apply for an order excluding her

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Customer: replied 1 year ago.
Thank you I'm obviously disappointed as after years of abuse I thought I could finally rest in my own home. It's devastating to hear that she can smash my windows and leave my home unsecure whenever she wants, for no reason and without any notice. But equally the idea of her walking in and out with a key as she pleases with my things is just as distasteful. But thank you for your help

Keep a careful diary - if she continues in this way you will be able to exclude her via the courts

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