How to Evict Ex Partner

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

    How to Evict Ex Partner

    Hi,

    My divorce has finally been made Absolute after 2 1/2yrs of misery, anyway my ex-partner is currently residing in my house in Wales, pays no rent, only the bills.

    She's refused to move out even though her new partner has a house, refuses to let me see the kids so I'm fed up. She's also refused to pay any of our debts.

    Can I evict her from the property?

    Its solely in my name, land registry has no other details than my own on it, she has no written agreement in place, she did pay for double glazing at front of house(I paid deposit), I also paid for rear, so she not paid for anything on the house really as we equal in that aspect. Everything else I paid for, am still paying for.

    Our debts come to more than the value of the house so I want to sell it... as I'm struggling at the moment.

    She refuses mediation as well and I can't afford a lawyer...

    I've been reading up on the internet, is there a specific notice I have to send to her? 30 days notice or something? Notice to Quit...

    Thanks

    milenia

    #2
    If there's no rent being paid, she's not a conventional tenant.
    I think you need proper legal advice - she has some rights as an occupant of the property which a court will probably need to extinguish before you can repossess.

    If she's paying the bills she will probably claim some form of beneficial ownership.
    It's odd that this wasn't resilved during the settlement.
    Last edited by jpkeates; 27-10-2016, 09:18 AM. Reason: Added last two sentences
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Indeed: You need a GOOD solicitor expert in BOTH family/divorce AND landlord/tenant (i.e. ask a few questions first).

      Beware however: Just because it is "your" house (presumably your sole name on land-registry deeds ) doesn't mean she has no rights to it: For example if she can prove she contributed to deposit to buy it, or part-funded mortgage payments or has been paying all bills & repairs etc etc she probably has a case...

      See...
      https://www.citizensadvice.org.uk/re...n-and-housing/

      What agreement, if any, did you have to permit her to reside there??

      I'd start by serving her a "Notice to Quit" (not an s21, not an s8) with at least 28 days to expiry: TODAY!!

      Re. access to kids you need a good family law solicitor.

      Is there insurance on the property?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Are these your children you want to make homeless?

        Doesnt matter if her new partner has a home, she may not want to move the children in with them and a court will put the needs of the children first.

        I suggest you have a read of this http://www.divorceaid.co.uk/financial/family-home.htm and hink harder about that lawyer.

        Should you need to go to court refusing mediation will not be well received so make sure you have that request, and if possible the refusal, in writing. Not sure how you managed to get a divorce without it as it's supposed to be compulsory now.

        Comment

        Latest Activity

        Collapse

        Working...
        X