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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34278
Experience:  family solictor with 25 years experience
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What are the legal rights as to property entry etc.

Customer Question

What are the legal rights as to property entry etc. of my ex husband who owns 30 percent of the house I reside in with our children. He believes he can enter without permission, just notification.
Is there some legal document that exists or can be created to outline those rights?
Many thanks.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question. Please remember to rate once you get my answer
He is correct that he can just enter into the joint property when you wish unless you come to some agree meant that he will not. Where however there has been domestic violence within the relationship you can apply to the court for an occupation order. An occupation order is an order issued by the court which sets out who has the right to stay, return or be excluded from a family home. It doesn't change the financial shares in a home. It is usually a short-term measure and will usually last for 6 or 12 months and some can be renewed.
I hope that this helps
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has there been a final order within divorce proceedings granting you the house subject to a Charge Back?
Customer: replied 2 years ago.

Hello Clare,

In the final order, please read below:

By Consent With Effect from Decree Absolute it is Ordered That:

1. The Respondent shall within 56 days from the date of this order transfer to the Petitioner all his legal and beneficial interest in the former matrimonial registered at the Land Registry under title number xxxx subject to the mortgage secured thereon on condition that from the date of the said transfer the former matrimonial home do stand charged by way of legal charge as security for the payment to the Respondent of 33.33% of the net proceeds of sale.

PROVIDED ALWAYS such a charge shall not become exercisable and shall not carry interest until:

1.1 youngest child attaining the age of eighteen or completing her full time secondary education whichever shall be the later; or

1.2 the death of the Petitioner; or

1.3 the remarriage or cohabitation of the Petitioner with another person as man and wife for a continuous period of 3 months in any 12 month period; or

1.4 voluntary vacation of the former matrimonial home by the Petitioner for a period in excess of 3 months in any 12 month period; or

1.5 any sale of the property by the Petitioner.

Does this give you enough context/information?

Kind regards

Expert:  Clare replied 2 years ago.
It does indeed.
He does not own a percentage of the property at all - he has a Charge on it - like a mortgage.
He has no more right to come into your house at will than the mortgage company does.
Change the locks and make it plain that in future he only enters by YOUR invitation
Please ask if you need further details