a legal question (118)

Oct 9, 2009 3:05 PM CST a legal question
0ne0faKind
0ne0faKind0ne0faKinddublin, Dublin Ireland26 Threads 390 Posts
Hi everyone
Does anyone know the answer to this question, I'm sure someone here will.
As part of Legal Seperation Agreement ex husband is paying the mortgage. Does this give him entitlement to have a key to the house?
Oct 9, 2009 3:11 PM CST a legal question
BiggieSmalls
BiggieSmallsBiggieSmallsSomewhere, Dublin Ireland390 Posts
Im not sure but he might have. Depends id say, what if your away on holidays and something happens in the house? He probably thinks he can have a key cause 'technically its his house' dunno
Oct 9, 2009 3:12 PM CST a legal question
wexlady41
wexlady41wexlady41Wexford, Ireland47 Threads 5 Polls 7,935 Posts
0ne0faKind: Hi everyone
Does anyone know the answer to this question, I'm sure someone here will.
As part of Legal Seperation Agreement ex husband is paying the mortgage. Does this give him entitlement to have a key to the house?



It depends on the wording of the agreement. You really need to check with your solicitor.

You might need an amendment to it. In my agreement..my ex cannot enter my house unless specifically invited by me. He can not enter even if invited by the kids. But then we each have our own homes so he doesn't pay anything towards my mortgage.
Oct 9, 2009 3:12 PM CST a legal question
HashBrowns
HashBrownsHashBrownsDundalk, Louth Ireland49 Posts
0ne0faKind: Hi everyone
Does anyone know the answer to this question, I'm sure someone here will.
As part of Legal Seperation Agreement ex husband is paying the mortgage. Does this give him entitlement to have a key to the house?


Well yea hes paying for the house so technically its his house so he can come and go as he pleases, whatever you do dont leave the house, The law wont be on your side if you leave even if he forced you out
Oct 9, 2009 3:13 PM CST a legal question
0ne0faKind
0ne0faKind0ne0faKinddublin, Dublin Ireland26 Threads 390 Posts
I know it sounds ridiculous when lives have moved on and he hasn't lived in the house for over 4 years, but he seems to think he should have a key because he pays the mortgage.
Oct 9, 2009 3:16 PM CST a legal question
HashBrowns
HashBrownsHashBrownsDundalk, Louth Ireland49 Posts
0ne0faKind: I know it sounds ridiculous when lives have moved on and he hasn't lived in the house for over 4 years, but he seems to think he should have a key because he pays the mortgage.


If i was paying the mortgage on a house i would expect to have a key even a roomdunno
Doesnt sound like a comfortable situation to be in, you will never really move on with your life if you have him popping in every now and again but then again it depends on what hes like
Oct 9, 2009 3:16 PM CST a legal question
0ne0faKind
0ne0faKind0ne0faKinddublin, Dublin Ireland26 Threads 390 Posts
its only 40 per cent his house according to the agreement, so he can't come and go as he pleases
Thanks for your advice I just wanted other peoples viewpoints
Oct 9, 2009 3:16 PM CST a legal question
petalbabe
petalbabepetalbabeOgdensburg, New York, Cork Ireland61 Threads 1 Polls 3,101 Posts
HashBrowns: Well yea hes paying for the house so technically its his house so he can come and go as he pleases, whatever you do dont leave the house, The law wont be on your side if you leave even if he forced you out


Not true.

It totally depends on what is said in the Separation Agreement.

If this is not already thrashed out between your lawyers, then get it sorted now. Just because your husband is paying the mortgage, it does not mean he has automatic rights to have a key, or enter the house as and when he wishes.

Seek your lawyer's advice.thumbs up
Oct 9, 2009 3:17 PM CST a legal question
BiggieSmalls
BiggieSmallsBiggieSmallsSomewhere, Dublin Ireland390 Posts
0ne0faKind: I know it sounds ridiculous when lives have moved on and he hasn't lived in the house for over 4 years, but he seems to think he should have a key because he pays the mortgage.


Ah i feel sorry for you because he has that over you and will use it to his full advantage if needs be. What if you give him a key...what could that lead to in the future. Id ask your solicitor maybe there is a way round it dunno
Oct 9, 2009 3:17 PM CST a legal question
charliesgirl
charliesgirlcharliesgirlmeath, Meath Ireland1 Threads 313 Posts
0ne0faKind: I know it sounds ridiculous when lives have moved on and he hasn't lived in the house for over 4 years, but he seems to think he should have a key because he pays the mortgage.


hey hun sorry does he pay all the mortgage or half????
Oct 9, 2009 3:18 PM CST a legal question
BiggieSmalls
BiggieSmallsBiggieSmallsSomewhere, Dublin Ireland390 Posts
0ne0faKind: its only 40 per cent his house according to the agreement, so he can't come and go as he pleases
Thanks for your advice I just wanted other peoples viewpoints


Oh its only 40% Well it could be your decision so if he gets one or not.
Oct 9, 2009 3:18 PM CST a legal question
irish1978eyes
irish1978eyesirish1978eyesDublin, Meath Ireland60 Threads 7,318 Posts
0ne0faKind: Hi everyone
Does anyone know the answer to this question, I'm sure someone here will.
As part of Legal Seperation Agreement ex husband is paying the mortgage. Does this give him entitlement to have a key to the house?


No...but dont change the locks without consulting your solicitor first
Oct 9, 2009 3:19 PM CST a legal question
HashBrowns
HashBrownsHashBrownsDundalk, Louth Ireland49 Posts
0ne0faKind: its only 40 per cent his house according to the agreement, so he can't come and go as he pleases
Thanks for your advice I just wanted other peoples viewpoints


Its 40% his house but he pays all the mortage, sounds like he got a bad deallaugh
Oct 9, 2009 3:19 PM CST a legal question
charliesgirl
charliesgirlcharliesgirlmeath, Meath Ireland1 Threads 313 Posts
0ne0faKind: I know it sounds ridiculous when lives have moved on and he hasn't lived in the house for over 4 years, but he seems to think he should have a key because he pays the mortgage.


hey hun sorry does he pay all the mortgage or half????
Oct 9, 2009 3:19 PM CST a legal question
LusciousLibra
LusciousLibraLusciousLibraTramore, Waterford Ireland28 Threads 2 Polls 1,870 Posts
0ne0faKind: Hi everyone
Does anyone know the answer to this question, I'm sure someone here will.
As part of Legal Seperation Agreement ex husband is paying the mortgage. Does this give him entitlement to have a key to the house?


Does he also have his name on the deeds?

If his name is on the deeds he can hold a key to his own property. Similar to a landlord/lady having keys to his/her rental property.

You can request that he does not use them without your prior knowledge and permission.

I am in similar situation. I requested that my ex not come into my home on the grounds that I do not go into his. It worked.
Oct 9, 2009 3:20 PM CST a legal question
simple soloution is change the lock on door then seek legal advice
Oct 9, 2009 3:21 PM CST a legal question
HashBrowns
HashBrownsHashBrownsDundalk, Louth Ireland49 Posts
tallaght_guy: simple soloution is change the lock on door then seek legal advice


Might be opening a can of worms by doing that
Oct 9, 2009 3:22 PM CST a legal question
wexlady41
wexlady41wexlady41Wexford, Ireland47 Threads 5 Polls 7,935 Posts
HashBrowns: Well yea hes paying for the house so technically its his house so he can come and go as he pleases, whatever you do dont leave the house, The law wont be on your side if you leave even if he forced you out


Not necessarily. If the agreement is that the house is for the use of one spouse and/or children..and the mortgage is being paid as maintenace..then he probably doesn't have a right to a key or to come and go as he pleases.

The bit about the law not helping is accurate enough though..I know someone who was forced out and it took 2 years to get to court for her and the kids to get back into the house.

(Husband got a week in prison and wife was advised by court to change the locks)
Oct 9, 2009 3:23 PM CST a legal question
irish1978eyes
irish1978eyesirish1978eyesDublin, Meath Ireland60 Threads 7,318 Posts
tallaght_guy: simple soloution is change the lock on door then seek legal advice


No you cant change lock without solicitor knowing!!
Oct 9, 2009 3:23 PM CST a legal question
0ne0faKind
0ne0faKind0ne0faKinddublin, Dublin Ireland26 Threads 390 Posts
This was never an issue until the lock actually broke and I had no choice but to change it. Now he has no key and wants one, but I don't want to give him one. He doesn't cause any problems it just the principal of the thing. And in the agreement he cannot enter without invitation so I don't see why he should have a key.
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