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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and his ex wife split up in march this year and

Resolved Question:

My partner and his ex wife split up in march this year and jointly owned a house. His name is XXXXX XXXXX mortgage, however he does not pay it anymore as he does not live thier so does this mean the house is legally still his? they have both attended mediation sessions and have agreed that contents in the property would be discussed between them outside mediation. Would it be illegal for my partner to enter the house and get his belongings as he still technically owns the house?
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


If he still owns the property jointly with his ex-partner then each has a right of access/occupation which neither can deny the other unless there is a court order which states that he cannot pursuant to criminal or civil proceedings.


He is allowed to have access to the property regardless of the fact that he has not paid any of the mortgage payments since leaving the property. The mortgage is separate to the actual legal title to the house, which he still (jointly) holds.

IN the interests of an amicable resolution to the ownership of the property and their ongoing mediation he should contact her about the time at which he should attend to collect his belongings, but she could not prevent him having access.


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