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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Its is for my boyfriend. His wife left him to live with another

Resolved Question:

Its is for my boyfriend. His wife left him to live with another man in June 209. They are going through a divorce. Her name is XXXXX XXXXX the mortgage however hasn't contributed since she left.
Does she have a right to access the house without permission? She keeps trying to push her way into the house.
Would really like to know what my boyfirends options are and help him.
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

If they are both named on the title to the property then they both have and retain a right to occupy/access the property that neither can deny the other. This remains the case unless there is a Court order to the contrary made pursuant either to civil or criminal proceedings. So unless the court orders otherwise she can access the property.

The mortgage payments are a separate issue and if they are going through a divorce then the issue of when she should access the property should be dealt with through the solicitors to see if an arrangement for access can be negotiated in order to take some of the heat out of the situation until the financial settlement is agreed and executed and the house is dealt with.

Sorry it could not be better news.

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