I have separated from my
partner. Can I change the
Locks on our property?
Jointly owned properties
Where a property is jointly owned, the
simple answer is no. The legal position
is that both parties’ have an equal right
to access and to occupy the property.
Even if only one party is paying the
mortgage or the other party has made
no contribution at all, you cannot
change the locks without the agreement
of the co-owner or an order of the court.
In certain circumstances, the court may
be prepared to grant an Occupation
Order to one party to prevent the other
party from returning to the property
where there has been domestic violence
or threats of harm. The threshold is
fairly high and in some cases where the
evidence is insufficient an order can be
made for the parties’ to occupy certain
parts of the property to the exclusion of
one another.
For jointly owned properties, advice
should be sought as to whether the
property is owned as joint tenants or
tenants in common.
Properties held in one name
In contrast to this, where a property is
owned in one person’s name only and
the relationship breaks down, the owner
of the property is entitled to change the
locks.
or other restriction against the property
depending on the circumstances to
prevent a disposal taking place before
an agreement has been reached.
In certain circumstances, an Occupation
Order can be secured through the
courts for the person without legal title
to the property, particularly if they would
be made homeless by virtue of the locks
being changed and/or have a beneficial
interest in the property. If I own a property jointly can I leave my
share of the property to anyone I want
under my will?
In the case of a marriage breaking
down, the person without legal title
can seek to register a home rights
notice against the property provided it
has been occupied as the matrimonial
home. This is advisable for protection
as it prevents disposal of the property
without notice before the financial
matters have been resolved. Tenants in Common
If you own a property as tenants in
common, it means that although you
jointly own the property, it is owed in
divided shares. In contrast to joint tenants
you can leave your share of the property
to anyone you like under your will.
For unmarried couples, it may be
possible to secure a unilateral notice
A jointly owned property can be held by
the owners as either as joint tenants or
tenants in common.
Joint Tenants
If you jointly own a property as joint
tenants it means that on the death of
either of the owners, the property will
pass to the survivor regardless of the
terms of the deceased’s will.
If you wish to control the devolution
of your interest in the property on
death, you can sever the tenancy of
the property so that you can become
tenants in common. This is a simple and
inexpensive process.
Following the breakdown of any
relationship, severance should be
considered. However, one should be
warned that severance is a double
edged sword.
We have family law specialists available
who can provide legal advice and
dispute resolution services, including
family mediation and collaborative law.
If you would wish to speak with one of
our Family Law Specialists, please do
contact our friendly team.
By Zoe Summers
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