Family law question: Can a wife lock her husband out of the family home?

EndOfTether123 wrote: »

Separation proceedings are in progress, but unfaithful husband is refusing to leave the family home.

Can a wife lock an unfaithful husband out of the house (e.g. by changing locks)?

What would the legal situation be if the husband was to break in to regain access to the house? Does he have the right?

If his name is on the deeds then breaking and entering his own house would not be a crime.

She would need a barring order under s3 Domestic Violence Act 2006, or indeed an interim barring order if she needed it quickly. However, a spouse being unfaithful falls nowhere near the threshhold for gaining either of those. They are pretty draconian in nature and the court would have to be satisfied that a real threat of violence exists to her or the kids.

dev100 wrote: »

Im not going to argue its late but why make a statement about barring orders if the OP never suggested anything other than being unfaithful.

i don't think poster Viarum is recommending this as a course of action, just that this is what would be required for her to legally prevent him from entering the house

CKonetheonlyone wrote: »

i don't think poster Viarum is recommending this as a course of action, just that this is what would be required for her to legally prevent him from entering the house

Indeed, was just mere clarification of the ways in which a spouse can be removed from the family home and indirectly, I suppose, a clarification of why she can't achieve such a result off the given facts.