Can an ex forcibly move back in?

[Petrus1983]

Any quick advice. A friend is having a few problems with her ex. In summary they split 2 years ago and they had been married. He moved out and stopped contributing towards the mortgage, shacked up with a new girl, didn’t take much interest in his own kids that he’d had with my friend.

A few months ago his new partner dumped him and since then he’s been sending abusive msg’s etc to my friend to the point the police were informed - who were by all accounts very good and said they’d monitor the situation.

Fast forward to now. He says he’s moving back in on Friday and that he’s legally allowed to as he wants to spend more time with the kids and his names on the title deeds. He’s also said if she changes the locks he’ll phone the police. Obviously my friend is petrified.

What is the legal standing here? Is there anything she can do?

[otolith]

I would be amazed if he doesn't get himself arrested if he tries.

[Bill]

Change the locks PDQ!

[Petrus1983]

otolith said:

I would be amazed if he doesn't get himself arrested if he tries.

What would the charge be?

[otolith]

Petrus1983 said:

otolith said:

I would be amazed if he doesn't get himself arrested if he tries.

What would the charge be?

I doubt he'll be charged. But if she calls the police and says that he's forcing his way into her home against her will, I expect he'll be leaving in the back of the van.

[IJWS15]

Public order offence, assault etc.

She needs to make sure all locks are changed and all doors/windows are locked. Call the police if he arrives and tell them she is in fear of her/children's safety.

[Fastdruid]

Petrus1983 said:

otolith said:

I would be amazed if he doesn't get himself arrested if he tries.

What would the charge be?

I'm no expect but at a guess something like Section 76 of the Serious Crime Act 2015?

[Bill]

Plus this is ongoing harassment so tell the police and hopefully they'll have a word and head him off.

[Petrus1983]

Thanks for the responses so far - I’ve already passed it on and she’s very grateful. Genuinely the nicest girl you could meet so definitely doesn’t need this hassle (not saying anyone does).

[randlemarcus]

Was having this conversation with the missus last night, and she was getting very cross with me. Genders reversed, he's in the house, she's gone off, not contributing, and not being overly amicable. The missus seemed to think that a handshake over coffee would override her right as joint owner and mortgage signer to move back in. As long as you avoid the silliness with the threatening texts, as far as I can see, you're back in.

[Petrus1983]

Fastdruid said:

I'm no expect but at a guess something like Section 76 of the Serious Crime Act 2015?

I’ve just googled this and that’s exactly it! Very impressed.

[Petrus1983]

randlemarcus said:

Was having this conversation with the missus last night, and she was getting very cross with me. Genders reversed, he's in the house, she's gone off, not contributing, and not being overly amicable. The missus seemed to think that a handshake over coffee would override her right as joint owner and mortgage signer to move back in. As long as you avoid the silliness with the threatening texts, as far as I can see, you're back in.

Don’t make the missus cross and fall out over such things amd you’ll never need to worry about it!!

[anonymous-user]

We need more detail really, you say they were married. Does that mean they're now divorced? Who's on the land registry as the owner of the house? Whilst I accept he's not been paying for the house, is he still on the mortgage?

Whilst morally I think he sounds like a bit of a and he's certainly committed offences of harassment and possibly coercive control I'm not sure, from the information available at the moment there's anything further stopping him from living in what could be his house.

I know that if he does try to move in and it caused her distress then there are further offences he could be committing and she may also be able to apply to the court for an injunction to stop him coming near her but as it stands there may not be anything wrong with him trying to and the law would need your friend to be alarmed or harassed or in fear of violence from him before anyone stops him.

[Rushjob]

Petrus1983 said:

What would the charge be?

Section 6 Criminal Law Act - this creates an offence of using or threatening unauthorised violence for the purpose of securing entry into any premises, while there is known to be a person inside opposing entry. Violence is taken to include violence to property, as well as to people. Such as trying to force open a locked door


This was a goto on numerous occasions for me when sent to domestics..... Useful bit of legislation

[Petrus1983]

sebdangerfield said:

We need more detail really, you say they were married. Does that mean they're now divorced? Who's on the land registry as the owner of the house? Whilst I accept he's not been paying for the house, is he still on the mortgage?

Whilst morally I think he sounds like a bit of a and he's certainly committed offences of harassment and possibly coercive control I'm not sure, from the information available at the moment there's anything further stopping him from living in what could be his house.

I know that if he does try to move in and it caused her distress then there are further offences he could be committing and she may also be able to apply to the court for an injunction to stop him coming near her but as it stands there may not be anything wrong with him trying to and the law would need your friend to be alarmed or harassed or in fear of violence from him before anyone stops him.

Thanks for the response. And the reply is to the best of my knowledge-

Married and filed for divorce.

Yes - on land registry. Can’t be removed from mortgage so she’s on SVR.

Re the legalities - thanks to the kind responses I’ve asked her to reach out to her liaison officer (turns out to be a guy that sounds lovely, I think it’s positive not to tar all of us with the same brush!) - he’s let her know he certainly won’t be entering the property.

PH wins again - thanks all.

[Petrus1983]

Rushjob said:

Section 6 Criminal Law Act - this creates an offence of using or threatening unauthorised violence for the purpose of securing entry into any premises, while there is known to be a person inside opposing entry. Violence is taken to include violence to property, as well as to people.


This was a goto on numerous occasions for me when
sent to domestics..... Useful bit of legislation

Thanks

[Petrus1983]

MrBogSmith said:

o prevent a breach of the peace.

Another lesser known one: https://www.legislation.gov.uk/ukpga/1977/45/secti...

Obviously possible assault / damage / harassment depending on the circs.

Police aren't going to take chances with domestic situations.

Thank you 😊

[2Btoo]

Petrus1983 said:

Yes - on land registry.

Others who know what they are talking about (I don't) will be here very soon but I think that if he's a registered owner of the house then he will have the right of entry and the right to live there.

Whether the 'Section 6 Criminal Law Act' bit trumps this is something that I don't know. But I'd suggest that the girl in question takes some legal advice fairly swiftly (and 'legal advice' may involve more than believing what the Police tell her.)

[Rushjob]

2Btoo said:

Whether the 'Section 6 Criminal Law Act' bit trumps this is something that I don't know.

It does.... whilst they may have lawful access to the property, the fact that someone inside doesn't want them to enter and they use or threaten violence makes the offence complete - the legalities of ownership are of no concern. This legislation is also occasionally used against landlords and bailiff types too.....

[dundarach]

Is the mortgage still in joint names, do they still part own the property?