Isobel1965
Gold Member
Oh dear, I'm so sorry to hear that you've had this trauma, hun!
Having been through something similar, can I just say that you definitely need to get some legal advice first thing on Monday. Most solicitors will give you half an hour free consultation - failing that, see if you can get an urgent appointment with the citizens' advice bureau (but you might have to wait ages!!).
Re changing the locks - if you are the joint owner of the house, then you are legally entitled to do so, as long as you give him a new key!
You cannot lock him out of his own property without an Occupation Order or a Non-Molestation Order, which usually can only be granted by a court if there is a risk of physical or mental abuse to yourself and/or your children. (NMOs are much harder to get apparently unless there is a history of violence).
If you did change the locks, then he is legally entitled to break into the house, and change the locks again - especially if he is the sole name on the mortage. If you are joint owners, he would have to give you a key too!
If he is willing to go and stay with his mum, then that's all good. You are legally entitled to keep the house until your youngest child is 18 (or finishes school) - although he might be able to force the sale of the house if he persuades a court that he cannot afford to pay the mortgage and pay maintenance plus pay rent on a place of his own. If that happens, then the court will ensure that you and the children are housed. He cannot escape that responsibility.
I know this is a lot to take in right now - you must be very shocked so try not to make any rash decisions, hun.
I really hope that things go smoothly for you!
Having been through something similar, can I just say that you definitely need to get some legal advice first thing on Monday. Most solicitors will give you half an hour free consultation - failing that, see if you can get an urgent appointment with the citizens' advice bureau (but you might have to wait ages!!).
Re changing the locks - if you are the joint owner of the house, then you are legally entitled to do so, as long as you give him a new key!
You cannot lock him out of his own property without an Occupation Order or a Non-Molestation Order, which usually can only be granted by a court if there is a risk of physical or mental abuse to yourself and/or your children. (NMOs are much harder to get apparently unless there is a history of violence).
If you did change the locks, then he is legally entitled to break into the house, and change the locks again - especially if he is the sole name on the mortage. If you are joint owners, he would have to give you a key too!
If he is willing to go and stay with his mum, then that's all good. You are legally entitled to keep the house until your youngest child is 18 (or finishes school) - although he might be able to force the sale of the house if he persuades a court that he cannot afford to pay the mortgage and pay maintenance plus pay rent on a place of his own. If that happens, then the court will ensure that you and the children are housed. He cannot escape that responsibility.
I know this is a lot to take in right now - you must be very shocked so try not to make any rash decisions, hun.
I really hope that things go smoothly for you!