Can my ex just walk into my house? The key he would not give back

The legal issue

A married couple separated and the husband moved into a rented flat, leaving his wife and their two children in the family home. The house was in his sole name, bought before the marriage. He kept his key and let himself in while she was at work and the children were at school: her post had been opened, drawers were left open and notes about the boiler appeared on the fridge. One afternoon she came home early and found him in her bedroom. He said it was his house and he could come and go. The children began checking every room when they got home, and she wanted to change the locks that night.

The law this rests on

• Family Law Act 1996 s.30(1) and (2)(a): where one spouse is entitled to occupy a home by virtue of a beneficial estate or interest and the other is not, the other spouse has home rights, including, if in occupation, a right not to be evicted or excluded from the home by the owning spouse except with the leave of the court given by an order under section 33.
• Family Law Act 1996 s.30(8)(a): home rights continue only so long as the marriage or civil partnership subsists, except to the extent that an order under section 33(5) provides otherwise.
• Family Law Act 1996 s.31(2) and (10)(a): home rights are a charge on the owning spouse's estate or interest; where the title is registered, the charge is protected by registering a notice under the Land Registration Act 2002.
• Family Law Act 1996 s.33(1): a person entitled to occupy a dwelling-house, or who has home rights in it, may apply for an occupation order where it is or has been the home of that person and of another person with whom they are associated.
• Family Law Act 1996 s.33(3)(d): if the respondent is entitled to occupy by virtue of a beneficial estate or interest, an occupation order may prohibit, suspend or restrict the exercise by him of his right to occupy the dwelling-house.
• Family Law Act 1996 s.33(5) and (8): where the applicant has home rights and the respondent is the other spouse, an order made during the marriage may provide that those rights are not brought to an end by the termination of the marriage, if the court considers it just and reasonable.
• Family Law Act 1996 s.33(6): in deciding whether and how to exercise its powers, the court has regard to all the circumstances, including each party's housing needs and housing resources, their financial resources, the likely effect of an order, or of no order, on the health, safety or well-being of the parties and any relevant child, and the parties' conduct.
• Family Law Act 1996 s.33(10): an occupation order under section 33 may be made for a specified period, until a specified event or until further order.
• Family Law Act 1996 s.45(1) and (2)(a): the court may make an occupation order without notice to the respondent where it considers it just and convenient, having regard to all the circumstances, including any risk of significant harm to the applicant or a relevant child if the order is not made immediately.
• Family Law Act 1996 s.42(4A): a court considering whether to make an occupation order must also consider whether to make a non-molestation order under section 42(2)(b), even though no application for one has been made.
• Family Law Act 1996 s.47(8): where the court has made a non-molestation order, or an occupation order with no power of arrest attached to the provision concerned, an applicant who considers that the respondent has failed to comply with it may apply for a warrant for his arrest.
• Family Law Act 1996 s.62(3)(a): people who are or have been married to each other are associated persons.
• Family Law Act 1996 Sch 4 para 4(3): where an order under section 33(5) has been made, a spouse whose home rights charge was registered before the order may renew that registration, and a spouse whose charge was not registered may register it.
• Land Registration Act 2002 s.66(1): any person may inspect and make copies of the register of title.
• HM Land Registry practice guide 20 (updated 14 September 2026): a notice of home rights is applied for on form HR1 and there is no fee; after an order under section 33(5), protection is renewed on form HR2 with an office copy of the order; notice is always served on the registered proprietor; for unregistered land, the application is to the Land Charges Department for a Class F land charge.
• GOV.UK, Get an injunction if you have been the victim of domestic abuse: an occupation order decides who can live in the family home or enter the surrounding area; there is no fee to apply; the application form is FL401; the court can serve the documents for free if asked on form D89.

How we approached it

We explained that, as the owner, he had a right to occupy the house. Her home rights as his wife meant he could not evict or exclude her without the court's leave, but they did not stop him coming in. An occupation order under section 33(3)(d) could restrict his right to occupy. We advised her to leave the locks alone until a court had ruled, because a lock change on his own house could start a confrontation, and we helped her log each visit with photographs and his message claiming every right to be there.

She registered her home rights on form HR1 at HM Land Registry, which charges no fee. Because the Land Registry always serves notice on the registered owner, we advised her to write to him at the same time, asking him to agree to enter the house only by arrangement. He refused.

She then applied for an occupation order under section 33 of the Family Law Act 1996, using form FL401, and we guided her through each part. As nothing suggested she needed protection that same day, we advised her to apply on notice. She asked for limits on his visits and, because home rights normally end with the marriage, for an order under section 33(5) keeping them alive after a divorce. We helped her prepare a statement centred on the children, and she asked for the papers to be served by the court bailiff using form D89.

The outcome

At the hearing he said he only came in to check on his property. The judge made an occupation order under section 33(3)(d) restricting his right to occupy: he must not enter the house without her written agreement, except for one repair visit a month, booked by text 48 hours ahead and made while she is at home. The order lasts until further order, and the judge also ordered under section 33(5) that her home rights would not end with the marriage. As the Act requires, the judge considered a non-molestation order and, with no threats in the evidence, decided the occupation order was enough. She then renewed her Land Registry notice on form HR2 with an office copy of the order. He has kept to the terms, and the children no longer check the rooms. Details are altered so the family cannot be identified. Another court, on other facts, could decide differently.

What to take from this

• If the house is in your spouse's sole name, they have a right to occupy it. Your home rights stop them evicting or excluding you without a court order, but they do not stop them coming in.
• An occupation order under section 33(3)(d) of the Family Law Act 1996 can restrict an owner's right to occupy.
• If you are married or in a civil partnership and the house is in your spouse's or civil partner's sole name, consider registering home rights. For a registered title, use form HR1 at HM Land Registry: there is no fee, and the Land Registry will serve notice on the owner. For unregistered land, the route is a Class F land charge at the Land Charges Department.
• Home rights normally end with the marriage. If a divorce is likely, ask about an order under section 33(5) keeping them alive; it can only be made while you are still married.
• If you are neither married nor in a civil partnership, home rights do not apply, so take advice on your position.
• Keep a dated log with photos and save every message as it is; edit or delete nothing. Take advice before you change the locks or agree new rules in writing, and keep the dispute offline.
• If the court lists a hearing, note the date and any deadline for your statement. If your ex breaks an order without a power of arrest, section 47(8) lets you apply for a warrant for their arrest.
• If you are in danger, call 999. The court can make an occupation order or a non-molestation order without notice where it considers it just and convenient, for example where there is a risk of significant harm if the order is not made immediately.