Separating – “Should I stay or should I go”

Sometimes circumstances at home may not have been right for a while, however when a couple reach the decision to actually separate, this in itself is still a huge decision. Whilst the couple may have made the “emotional” decision to separate, many wonder what their legal position would be if they were to leave their property. This can in turn prevent parties from taking the next step and separate ‘physically’.

In this situation, we can assure you that whether the property is in joint names or in the sole name of one party; neither party can be forced to leave without a Court Order. In the meantime:

• If one party decides to leave the property that party should not be prevented from re-gaining access.
• Neither party should change the locks. If this happens the other party can simply get the locks changed again to secure their re-entry.
• Do not under any circumstances try and re-gain entry by forcing your way back in.
  • If you try and gain entry forcefully to the house you could be committing an offence under Section 6 of the Criminal Law Act 1977 where it is an offence for a person to use or threaten violence to enter a property without lawful authority if there is a person who is opposed to their entry. Violence in this case can be against the person or the property.

Once a party has left the property the remaining party will not want the other party coming and going as they please. From a legal standpoint they have a right to be there, but where possible it is best to try and reach an agreement as to when the absent party may attend the property, to collect their remaining belongings, for example.

It is important to try and obtain advice on the options available to you, as soon as possible after you have decided to separate. Once you know the legal position it may put your mind at rest more than you think; then you may feel able to take that all important next step in your separation. 

Visit our Family Law page for more information.

For more information or guidance please contact our Family Law team who will be happy to help on family@franklins-sols.co.uk or 01604 828282 / 01908 660966