Marriage & seperation

[RHeathfield]

My friends husband has left his wife and moved in with another woman. As he is still paying the mortgage, is he entitled to come and go into the family house as and when he wants, causing arguements and distress to my friend. Their daughter still lives there at the moment.

[Pea Pod]

I dont know what the law states, but if it was me I`d change the locks, call the police if he came around and get him done for harassment.

[themas]

I assume the house is in joint names of the husband and wife. If so, they both have a legal right to come and go, and to live there. The only way to bring this to an end (unless he gives up his part ownership or the wife buys him out) is to get an exclusion order from Court. This is sometimes used in matrimonial proceedings, and the wife would need to see a family law solicitor to see whether it is possible in this case.

If she changes the locks he is perfectly entitled to break in - it is his house as well as hers.

[joko]

if he no longer resides there, then as the owner he is now classed as the landlord - and therefore cannot come into the property without a good reason and wothout prior arrangement

this is what i have been told anyway...

[lady_p_gold]

It is still his house and he can come and go as he pleases ...... as previously stated she needs to get a proper separation agreement and get some legal advice. He could probably even move the other woman in if he felt like it.

[lacuna bless]

Hey, he's living with another woman!! If he wants to come and go he can ring first; you have a right to some privacy. Would he let the wife walk into the mistresses home without an appointment? I think not. He is not on the street. A solicitor would advise that if necessary a judge may find it hard to allow him to waltz in and cause uproar. Once husband is in it can take a court order up to 3 days to have him removed legally, even if they are paying mortgage. This is especially distressing if "on a visit" hubby decides he's made a huge mistake yet again and subsequently gets very nasty when refused. Also traumatic for the children and very hard for wife to hear her children ask not to let dad in again because of the his violent turns.

[themas]

What - ethically and morally - he ought to do is not the same as what - legally - he is entitled to do. He is still a joint owner of the house and has just as much right to come and go - and to live there - as the wife.

[madman06]

y dont people split on good terms, me and my ex split with 3 kids ,she was seeing some 1 else,i said im not happy but as MY KIDS R LIVING THERE IM WILLING TO SELL HOUSE WHEN KIDS HAVE LEFT,its not kids fault and as much as id like to upset her,i could never walk back in with another woman,feel for the kids having to see whats going on