Marriage Break Down

[pinkjudy45]

My friends son in law has told his wife (my friends daughter) that he wants a divorce and has moved in with a new lady friend, he still has the key to the marital home and let's himself in when ever he wants, because he says it's my house and I pay the mortgage, can his wife stop this happening legally?

[QuizmasterG]

Change the locks.

[woofgang]

Is it his house? If its held in his name alone then the wife needs to do something about that, especially if there are children involved.....but I have a nasty feeling that if he hasn’t been violent or otherwise behaved in a way that puts her or any child at risk, then she can’t legally deny him access to the house.
https://www.moneyadviceservice.org.uk/en/articles/protecting-your-home-ownership-rights-during-divorce-or-dissolution

[Old_Geezer]

Well if he were to pay maintenance he would be paying for the house his kids lived in anyway; so I'm unsure that morally he should have open access. But I don't know what the legal position would be; sorry. Maybe she needs to take over the mortgage and arrange for maintenance to be paid ?

[Barmaid]

Your friend's daughter should see a solicitor, asap. There are some things that can be done such as an Occupation Order. The devil is in the detail and only a family law specialist will be able to advise properly.

[pinkjudy45]

It's not legal to change the locks unfortunately. Thanks everyone for the advice, will tell my friend and hopefully some good will come out of going to get proper legal advice

[BestAdvice]

See a solicitor urgently....he can be stopped with a court order. As this can be considered harassment the ladt should ask the solicitor to get the court to order that the house be given to her under the Matrimonial Homes Act...1988?