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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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me and my partner have just separted. we both owen the house

Resolved Question:

me and my partner have just separted. we both owen the house together she moved out and liiving with her mum with our 9 year old son .who she not letting me see . also have i got the right to change the locks on the doors. i have no problem with her going to the house but she takes people with here that i dont want in my house.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Firstly, if you presently hold your interests in the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any direction made in the Will.

If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49

Your ex-partner need not sign the form provided you follow the instructions. You will then hold your shares as what is known as "tenant in common" and each person's share would pass according to the person's Will or under the intestacy rules upon death

If both of your names are XXXXX XXXXX registered title to the property then I’m afraid each of you has a right of access to the property which neither can deny the other unless there is a Court Order made pursuant to civil or criminal proceedings. If you change the locks she will be able to have them changed back again and would also be able to claim the money from you by suing were she so inclined. If there are people that you do not like there then you are simply going to have to attempt to reach some kind of compromise with her because the police will not be interested I regret to say.

If she is not letting you see the children and you have parental responsibility then ultimately you can make an application to Court for a s8 Children Act 1989 for a contact order if necessary. If your partner is not willing to permit contact at the present time then you should consider asking a local solicitor about writing a letter to her requesting that contact is re-established or, if not, a suggestion that they should attend mediation to work out. This would be fairly cheap (eg. £40+ Vat) and would explain that you are entitled to see your child and shall make an application to Court for a contact order if she is unwilling to agree to contact and/or mediation.

With regard to mediation you can contact www.resolution.org.uk for mediators in your area

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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