Key to house - recently seperated

LegacyUser

Hi there can anyone tell me if recently seperated husband, who left myself and 3 kids has a right to a key to the family home. Is in Joint names although I'm the one now paying they mortgage. I live in the home with the kids. He seems to think he has the right to reatin a key?...Don't think this could be right as I don't have a key to where he lives.. Can anyone help?
Thanks

Nevyn

Legally it is his property as his name is on the deeds of the house and he does have the right to access his property, but I can understand your concerns as it is no longer his home and you want to feel safe and secure there.

Kildrought

Put a bolt on the inside of the door.

mumto3

legaly yes,moraly no.
i would change the locks

imported_guy

mumto3 wrote: »

i would change the locks

and he'll take her to court, dont do it. just give him the keys, its not like hes going to hurt you or your children (if this is the case, call the guards and put a restraining order out), he has as much right as you over your children morally speaking.

Nevyn

If the split was bitter then he does not need to phyically hurt anyone to be disruptive in the house which may be still his property but is not his home.

I would suggest trying to come to an agreement about changing the locks or about him not just letting himself in to the house unexpected or when she is not there.

3DataModem

Just because he owns part of the property does NOT entitle him to a key. Ask any landlord - they have no right of keyed access to their properties.

I suggest you check with a solicitor what the law (and your separation agreement) says. I would suggest an amicable agreement with your estranged would be best.

LegacyUser

Same thing happened to me.... it worried me for ages... then I "LOST" my keys one day and had the locks changed and never gave him a new key. HE didnt ask for one either. Same with out-house and side entrance door (all keys on same bunch "lost"). Peace of mind is priceless. Your privacy is just as important as his - i.e. you don't have access to his place. Good luck. Its a hard and long road.

Kernel

Thaedydal wrote: »

If the split was bitter then he does not need to phyically hurt anyone to be disruptive in the house which may be still his property but is not his home.

I would suggest trying to come to an agreement about changing the locks or about him not just letting himself in to the house unexpected or when she is not there.

Legally I don't think this will fly. He is joint owner of the property. Indeed, he could decide to sell the house and take his half of the cash, if he wished. As joint owner of the property, another equal owner cannot decide to obstruct his access. Whether it's his home or not has nothing to do with it.

Nevyn

Like I said if possible they should come to an agreement themselves or via mediation on this, it is a tricky one. Landlords are meant to have access but they are also meant to agree to when they visit and not just arrive over and let themselves in.

3DataModem

Kernel wrote: »

he could decide to sell the house and take his half of the cash, if he wished.

That is not true, and dangerously misleading. Do you have any idea what you are talking about?

The VAST majority of husband/wife homes are owned jointly, they don't own "half each" they own the whole thing between them This means that neither party can sell independently of the other.

In the rare occasion where houses are purchases 50%/50%, the husband would still find it difficult/impossible to sell as it is a family home.

Kernel wrote: »

As joint owner of the property, another equal owner cannot decide to obstruct his access.

Again, that depends on the terms of the separation.

Kernel wrote: »

Whether it's his home or not has nothing to do with it.

That's again wrong and misleading.

If you own a property that you rent out... you CANNOT just walk in whenever you feel like it. It the tenant's home and is protected as such irrespective of ownership. The lease usually dictates the terms of access, but in the absence of a lease a landlord cannot walk in to a home without approval of the occupant.



OP I suggest you speak to a solicitor.

Dfens

Unregistered wrote: »

Hi there can anyone tell me if recently seperated husband, who left myself and 3 kids has a right to a key to the family home. Is in Joint names although I'm the one now paying they mortgage. I live in the home with the kids. He seems to think he has the right to reatin a key?...Don't think this could be right as I don't have a key to where he lives.. Can anyone help?
Thanks

I would be wondering why if it is that the property is in joint names why you are paying all of the mortgage? I'd definitely be keeping very good records of all payments I had made into the mortgage, when he stopped paying the mortgage etc. in case the property is sold in the future.

Kernel

3DataModem wrote: »

That is not true, and dangerously misleading. Do you have any idea what you are talking about?

The VAST majority of husband/wife homes are owned jointly, they don't own "half each" they own the whole thing between them This means that neither party can sell independently of the other.

In the rare occasion where houses are purchases 50%/50%, the husband would still find it difficult/impossible to sell as it is a family home.

I'm no expert in civil law, and I've never been seperated or divorced, but I know people who have gone through this. I think that if the OP goes to a solicitor, then she will be told that if the ex decides to go for a divorce, then she will have to realistically buy him out of the mortgage. It's 50/50 unless one side can show evidence of more contributions over the other - that is, if they decide to fight it in court.

3DataModem wrote: »

If you own a property that you rent out... you CANNOT just walk in whenever you feel like it. It the tenant's home and is protected as such irrespective of ownership. The lease usually dictates the terms of access, but in the absence of a lease a landlord cannot walk in to a home without approval of the occupant.

Legally the ex wife is not going to be classed as a tenant though, is she? Plus, what's the penalty to stop a landlord from doing this, since I know it happens all the time? Are you employed in the legal field btw?

Nevyn

legaly if they are married and there are children under the age of 18 then it is classed as "the Family" home under Irish law and he can not force the sale of the house until the children are 18 or 23 and the spouse living in the home can apply for an exclusion order which removes his rights to enter the house when ever he wishes.


http://www.citizensinformation.ie/categories/birth-family-relationships/separation-and-divorce/family_home

Information

A family home in Ireland primarily means, a dwelling in which a married couple ordinarily resides. Whilst some family homes are held in the sole name of one spouse, many family homes are held in the joint names of both spouses as this is often a condition of the mortgage used to buy the house. The Irish government encourages spouses to put the family home into their joint names and there is no stamp duty or registry fees payable on the transfer of a family home into joint names

One of the biggest problems facing a separating couple is what should happen to their family home. Under Irish law, there is protection given to the family home of a married couple under the Family Home Protection Act, 1976 as amended by the Family Law Act, 1995. The Act prevents one spouse from selling, mortgaging, leasing or transferring the family home without the consent of the other spouse. This protection is particularly important when the home is held in the name of only one spouse.

If agreement cannot be reached between a separating couple as to who will occupy and own the family home, the court can make an order in relation to it.

An order in relation to the family home is usually applied for when applying for a Decree of Judicial Separation or Divorce and is referred to as a 'Property Adjustment Order'.

In making a Property Adjustment Order, a court will consider all of the family circumstances and will take into account the welfare of a dependant spouse and children. The court order will state the following:

* Who has the right to live in the family home and for how long
* Who has ownership rights in the family home and what share does each spouse own

Who has the right to live in the family home and for how long?

If there are children, the spouse who the children live with will often be given the right to live in the family home until the youngest child reaches 18 or 23. This can provide a sense of continuity for children who are experiencing the separation of their parents.

The court can make an exclusion order in relation to the spouse who is leaving the family home. An exclusion order reflects the recognition of the court that it is not practical for a separated couple to occupy one house or for the spouse who leaves to retain a key and have free access to the house. It does not imply any unacceptable conduct on the part of the spouse who is excluded from the house.

seamus

Kernel wrote: »

Legally the ex wife is not going to be classed as a tenant though, is she? Plus, what's the penalty to stop a landlord from doing this, since I know it happens all the time?

The landlord can be sued for trespass.

He is entitled to a key to the property because it belongs to him, but because he is no longer resident there, he is not entitled to enter the property without the occupier's permission. For the sake of not giving him any legal ammo, I would suggest that you give him the key but explain to him that he cannot use it to come over unless you have said it's OK. If he does enter the property without your permission, you call the Gardai and have him arrested for trespass.

Splendour

3DataModem wrote: »

In the rare occasion where houses are purchases 50%/50%, the husband would still find it difficult/impossible to sell as it is a family home.

This happens all the time. I think now it is very rare for the house not to be sold.

CDfm

It really does depend on the circumstances and if there is not a seperation agreement or court order he can still access the property and stay there.

While it may not be ideal just for now changing locks etc may just cause bad feeling.

Seperation and joint parenting arrangements are usually not friendly but you should try to be civilised.

If you feel you can't communicate why not contact the Family Mediation Service which is free and see if you can sort out these problems

Family Support Agency



St. Stephen's Green House


Earlsfort Terrace
Dublin 2
Tel:
01 611 4100
Fax:
01 676 0824
Homepage:
www.fsa.ie
Email:
familysupport.agency@welfare.ie

LegacyUser

Does he now have his own home and mortgage, and does he take the kids half the week. Did he leave or was he forced by circumstance?