Ex refusing to leave

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  • Ex refusing to leave

    Can someone let me know what my rights are re an ex girlfriend refusing to leave.

    She moved in two months ago with her two young children (3 & 5). We split up 2 weeks afterwards.

    She has not paid anything towards the mortgage nor any household bills except buying food.

    She is now refusing to leave and I'm concerned of what she'll do now that she probably feels a bit cornered. She accused her ex of assult when he asked her to move out (he kindly advised me of this last night!). She does not work and also signed over her share of her marital home 2 weeks ago to her husband who she is seperated - something I still can't get my head around considering I've asked her to move out and she has two young children to care for.

    Add to this, she does also get violent when really pi##ed off (attacked me last night so I am now staying with a mate) and she also destroys personal property (£2k violin last wk).

    I really don't want to get the police involved because of the impact on the children but if it carries on I'll probably be forced to. However, can I just change the locks when she is out or do I need to speak with an eviction service and get the proper notices served??? Also, I live in Scotland so I don't know if the rules are different under scots law

  • #2
    The law may well be different in Scotland and for that reason this forum may not be the best place to seek advice - sorry. We deal mainly with England and Wales, although there are some members with experience of letting in Scotland.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      1. Is the property your main home?
      2. Have you accepted any rent from your girlfriend?
      3. If so, does she have proof of this?
      4. Was she given a tenancy agreement?
      5. Does your girlfriend have exclusive possession to certain areas of the house, for example a bedroom, so you cannot enter without her permission, or it has a lock on it?
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      • #4
        Do you have a pet rabbit? If so, did you ensure you took it with you when you left?

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        • #5
          be very careful. Certainly in England if you are accused of domestic violence you will be arrested and may well end up in court, depending on the strength of the case which could be built against you (I am not saying you would do anything, just that if you are accused of it you are in trouble). I do not know the law in Scotland and would encourage you to take advice. In the meantime I personally would stay well away from her with that history - you are doing the right thing by staying with a mate. Do not go to see her without a witness. Good luck.
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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          • #6
            Originally posted by lynch1 View Post
            She accused her ex of assult when he asked her to move out (he kindly advised me of this last night!).
            I would be EXTEMELY careful here - you need to assume the worst case here and carefully gather evidence just in case.

            You already have some evidence that she she may make false accusations - do not underestimate how life ruining such accusations can be, even if eventually disproved.

            Start recording telephone conversations and keeping a written record of all events. If such an accusation is made be ready to to rebut it strongly and immediately so that it can be put to bed before it gets out of hand. This should include referring the police to the ex husband.

            Its your house - she is a lodger - go to the police, not to make a complaint but to have a presence when you remove her from the house. If you are concerned about the kids etc. liase with the council to ensure she has somewhere to go.

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