This is a common question asked when a co-habiting relationship or marriage comes to an end and your ex-partner has already moved out or you want to keep them out of the house. There are a few factors you will need to consider before deciding whether or not you can or should do this however, such as who owns the property (is it jointly owned or in your sole name), the circumstances leading up to you wanting to do this, and any other alternative solutions that may be available to you.
Married Couples
If you are married to your ex-partner but the property is owned in your sole name, your ex-partner can secure a Home Rights Notice on the property which will protect their rights of occupancy to the family home. However, if they have already moved out of the property, you should be able to enjoy your right to privacy without worry that they will return and cause problems for you. You have a right to privacy and this should not be interfered with by your ex-partner once they have left the house.
If the property is held in your joint names, you will need your ex-partner’s permission to change the locks whether they have already moved out of not. Neither of you can lock the other one out.
Unmarried Couples
If you are unmarried and the property is in your sole name, your ex-partner cannot secure Homes Rights against the property. Home Rights applies exclusively to married couples, meaning you can change the locks without getting your ex-partner’s permission.
As with married couples, if the property is held in your joint names you will need their permission to change the locks.
How we can help you?
If your ex-partner wants to come back to the property, we can write to them explaining that you are entitled to privacy and reasonable enjoyment of the home without interference from them. If you own the home jointly and your ex-partner has good reason to visit the property i.e. to collect personal items, we can ask them to give us notice of when they intend to return and providing the notice they give is reasonable, we can arrange for your ex-partner to come back to the house at a time when you are either not there or at a time when you/an independent person are there if you are uncomfortable with them returning without supervision. Legally, your ex-partner is entitled to visit a property owned in your joint names but your right to privacy is very important and should be respected once they have left the house.
If the property is in your sole name but your ex-partner wants to come back to collect personal items, again, we can write to them and arrange this. However, they have no legal right to access the property again and if they attempt to do so without your permission you should notify the police immediately. You can also talk to us about seeking an injunction against your ex-partner to stop them from attempting to come back to the house in the future.
