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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have seperated from my

Resolved Question:

I have seperated from my partner we are not married but jointly own two houses I have moved in to one of the properties with my new partner. Until last week my ex-partner agreed to me staying at my other property three evenings a week for ease of access to work I contributed fifty pounds per week to assist with cost, my ex partner works away so she was not at the property at the same time. Now she has told me not to return to the property and she has changes the combination on the security system effictively stopping me from entering my property my question is is this legal can she bar me from my propety. Thank you David xxxxx
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

The position is that where two people are jointly named on the registered title to the property (ie. At the Land Registry) they each have a right of access/occupation of the property that neither can deny the other unless there is a court order to the contrary as a result of criminal or civil proceedings.

 

Unless there was an agreement from you stating that you would not access the property then she should not bar you from accessing the property.

 

Similarly, you would not be able to prevent her from accessing the other jointly owned property that you are living in.

 

If she is not budging in your informal discussions with her then I would suggest seeing a local solicitor about writing a letter before action to her requesting that access is reinstated.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.
Thank you so much for your advise just another quick question following the receipt of your information, I am thinking of texting her advising that I have sought legal guidance pointing out the facts and once again requesting she allows me access or should I go straight to a solicitor ? Thanks Davis
Expert:  Thomas replied 2 years ago.

Hi,

 

It could not hurt to point out that as you are named as joint registered propreitors you both have a right of access unless there is an agreement to the contrary or a court order ordering otherwise.

 

If this does not illcit a positive response then you should see a solicitor to write a letter before action.

 

Trust this clarfiies, please click accept.

Tom

Customer: replied 2 years ago.

Under what circumstances could she obtain a court order baring me from the parperty?

Expert:  Thomas replied 2 years ago.

Hi,


For example if she applied for Non-Molestation Order on the basis that you have harrassed her. Simply trying to reinstate access to a property that you jointly own would not form the basis of such an order thouh.

 

Please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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