House jointly owned; ex-husband refuses to vacate

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    House jointly owned; ex-husband refuses to vacate

    Hi,
    Although I own my property jointly with my ex husband and am now divorced, he is still living in the marital home. Because of his bankruptcy amount, he has no legitimate claim to the property or the equity and so shouldn't be living there. My solicotors have sent him a letter asking that he vacate the property in 14 days else face possession orders. My solicitor has admitted that this may cost me thousands, but I read here somewhere that I can do a DIY version of eviction by getting a S21 document and paying for the assistance of my local county court. Is this true? If so, which S21 form do I use? I want him out so that I can sell the property. Any info would be great x
    Thanks

    #2
    I feel you have posted this else where, but, im my opion, I dont think he is a tenant. He does not, nor has he ever paid rent?, or signed a AST?, therefore he does not have a contract. If he doesnt have a contract you cannot end the contract with a S21. I feel you will have to use the solicitor as they will have to argue the status of your husband. If it can be argued that he is a lodger, then he can be removed quite easily, but I fear this is a more complicated issue than anyone can give advise on here.

    Comment


      #3
      Any one of the petitioners or the mortgagor can file for an "Order of Sale" for the property to be sold but your ex-husband could mount an appeal in that he might not be able to find anywhere else to live. The mortgagor will certainly want to recover the loan within a resonable time so you might ask what their intentions are!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment

      Latest Activity

      Collapse

      Working...
      X