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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2553
Experience:  LLB (Hons)
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I have separated from my husband since Jan this year, i am

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Good afternoon, i have separated from my husband since Jan this year, i am in the house as i have 2 children. I have taken over the bills and pay half the mortgage and he pays half the mortgage as well. He still has a key and comes and goes as he pleases he said that this is his house and will come round when ever he wants to. Is this legal or should he be asking for permission from myself? He moved out in Jan and is living at another property. Please can you help
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No we have not completed any paper work as of yet as its still early days
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Romsey so would be Hampshire ?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, I'm Lea

What is he coming around for? Are you planning to divorce?

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Customer: replied 13 days ago.
He comes to collect the children and mail ect
Customer: replied 13 days ago.
We have been separated since Jan so we cant get divorced yet,

Unfortunately, as you are both named on the deeds/mortgage, he is as entitled to be in the property as you are, and you cannot prevent him from entering without his agreement or an order of the court.

To get an order from the court you would need to apply for an occupation order, however, without evidence of abuse or harm of some description towards you or the children from him, it is unlikely that a court would make the order - though they might as he has somewhere else to live. You do still need grounds to make the application though - so if he has been abusive in any way (verbal counts) you could use that to make an application.

Customer: replied 13 days ago.
He has always been very controlling and verbally abusive thats the reason why we have separated, can i change the locks?

No, you are not legally entitled to change the locks I am afraid. If you did so, he could simply change them back - you would each need to give the other copies of the new keys.

However, if you have suffered abuse from him, then an occupation order (and a non molestation order which you can apply for on the same form) is the way to go. You need to complete form FL401 - there is no fee to file this in court.

Customer: replied 13 days ago.
ok, if i wanted to sale the property dose he also have to agree with that?

No, he doesn't have to agree. If you can't agree between the two of you, one or other of you would need to make an application for a financial settlement during the divorce.

Customer: replied 13 days ago.
ok thank you you for your advice

You're very welcome.

I'd appreciate if you could kindly take a moment to rate positively as that is how I am credited for assisting you today - thank you!

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