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ivorylounge
ivorylounge,
Category: Law
Satisfied Customers: 33969
Experience:  Barrister at Self Employed Barrister
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I have left the family home and my wife will not let me

Customer Question

I have left the family home and my wife will not let me collect my possessions. I have some clothes which is what I could take with me when I left. I have to tread carefully as my wife has called the police several times and alleged that I am harassing her which is not true. We have just agreed by way of a court order a shared care arrangement for our three children and I have a date for the financial side of things end of July.
I asked the police and they said I am entitled to enter the property to collect my possessions. I asked my solicitor and she said I cannot enter under the trespass act whilst she is in the property? The family home has been sold so the items will soon be packed and stored so I have concerns that some of my possessions will be sold or disappear. Please advise what I can do. I must clarify these are personal items that are clearly mine like my dads ashes, my tools, mountain bike etc. Items that I have purchased for the house I am happy to sort at a later date albeit I would appreciate how to deal with this too. I am currently in the process of filling out a form E, which only really deals with items over £500.
Submitted: 2 months ago.
Category: Law
Expert:  ivorylounge replied 2 months ago.

Is the house in joint names?

Customer: replied 2 months ago.
i currently pay the mortgage
Customer: replied 2 months ago.
I think she has changed the locks
Expert:  ivorylounge replied 2 months ago.

Then you are entitled into the house. You are even entitled in law to change the locks so that you can access the property. I would have a word with your solicitors to determine why they have not advised you of this. Please rate 4 or 5 stars.

Expert:  ivorylounge replied 2 months ago.

Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 2 months ago.
The question really is around what my solicitor said. Trespass act? I cannot enter if someone specifically does not want me to enter?
Expert:  ivorylounge replied 2 months ago.

I don't agree that you solicitor is correct. You own the house. Its your house in law.

Expert:  ivorylounge replied 2 months ago.

BTW there is no Trespass Act

Expert:  ivorylounge replied 2 months ago.

Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks