Eviction question
Discussion
Scenario;
Lady had owned her house outright for 16 years, then met eventual husband who moved in, never contributed to anything bills wise.
They separated 6 years ago but he still lived in the house, still not contributing. He has no job, just a pension income.
Divorce applied for by her recently, notice of eviction issued also - leave date is imminent. He has agreed this date verbally but not in writing.
Pretty sure he wont budge. Council asking him to "bid" on properties whatever that means.
So when he doesn't budge (cant afford it, poor me etc) what would be the next steps - can she change the locks when he is out etc?
Thanks
Lady had owned her house outright for 16 years, then met eventual husband who moved in, never contributed to anything bills wise.
They separated 6 years ago but he still lived in the house, still not contributing. He has no job, just a pension income.
Divorce applied for by her recently, notice of eviction issued also - leave date is imminent. He has agreed this date verbally but not in writing.
Pretty sure he wont budge. Council asking him to "bid" on properties whatever that means.
So when he doesn't budge (cant afford it, poor me etc) what would be the next steps - can she change the locks when he is out etc?
Thanks
The husband is now essentially a lodger with no formal agreement in place to allow him to reside at the property. The home owner could give him a notice to quit, but I'd be inclined to just change the locks and have a box with all his important stuff waiting on the doorstep. I'd email 101 and give them a couple of days notice of what is happening so should he call Plod and moan, she's one step ahead. If the home owner is feeling generous she could book him an Air BnB for a few days so he's not straight onto the streets, but he sounds like a waster.
The above has a presumption that he's not paying any bills such as Council Tax, energy etc.
Edit to add; Him being kicked out will actually bump him higher up the Council housing list, but as a single guy he won't be seen as a priority. A room in an HMO is beckoning for him and a good option while he sorts himself out, if he is so inclined.
The above has a presumption that he's not paying any bills such as Council Tax, energy etc.
Edit to add; Him being kicked out will actually bump him higher up the Council housing list, but as a single guy he won't be seen as a priority. A room in an HMO is beckoning for him and a good option while he sorts himself out, if he is so inclined.
Getting tenants out of houses can be complicated when they don’t comply. Friends of ours had a right job to remove someone who hadn’t been paying rent for many months. Took them 6 months to go through the process.
Once they start playing the health or nowhere to live issue it can become even worse.
Would suggest that she speaks to a solicitor who deals with these issues before changing locks as IIRC that can be classed as a negative act by a landlord which may work against them.
And not sure that the police can actually do anything unless the tenants make threats.
Once they start playing the health or nowhere to live issue it can become even worse.
Would suggest that she speaks to a solicitor who deals with these issues before changing locks as IIRC that can be classed as a negative act by a landlord which may work against them.
And not sure that the police can actually do anything unless the tenants make threats.
martinbiz said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
This.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
They were married, that puts a whole new slant on things
MOBB said:
martinbiz said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
This.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
They were married, that puts a whole new slant on things
MOBB said:
martinbiz said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
This.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
They were married, that puts a whole new slant on things
Boringvolvodriver said:
Getting tenants out of houses can be complicated when they don’t comply. Friends of ours had a right job to remove someone who hadn’t been paying rent for many months. Took them 6 months to go through the process.
Once they start playing the health or nowhere to live issue it can become even worse.
Would suggest that she speaks to a solicitor who deals with these issues before changing locks as IIRC that can be classed as a negative act by a landlord which may work against them.
And not sure that the police can actually do anything unless the tenants make threats.
What the fOnce they start playing the health or nowhere to live issue it can become even worse.
Would suggest that she speaks to a solicitor who deals with these issues before changing locks as IIRC that can be classed as a negative act by a landlord which may work against them.
And not sure that the police can actually do anything unless the tenants make threats.
k has any of that got to do with the OPs situation?The way this is described ( spilt 6 years ago and only now getting him out - I do wonder if this was a diy divorce and nothing about money has been dealt with.
The house is likely community property and he will have rights to it , either to occupy or to a capital sum.
He would have been a dependant and is also a pensioner ( unsure how that equates to being a waster).
The odds of a courtly giving him nothing are close to zero.
So back to the questions of other what conical settlement is in place ? If there is not one then he period be ill advised to move anywhere.
The house is likely community property and he will have rights to it , either to occupy or to a capital sum.
He would have been a dependant and is also a pensioner ( unsure how that equates to being a waster).
The odds of a courtly giving him nothing are close to zero.
So back to the questions of other what conical settlement is in place ? If there is not one then he period be ill advised to move anywhere.
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
The house is not a joint asset.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
She owned it before they met.
If he claims any of it then time to get legal
Sir Bagalot said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
The house is not a joint asset.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
She owned it before they met.
If he claims any of it then time to get legal
Sir Bagalot said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
The house is not a joint asset.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
She owned it before they met.
If he claims any of it then time to get legal
JQ said:
Sir Bagalot said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
The house is not a joint asset.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
She owned it before they met.
If he claims any of it then time to get legal
Pre-nups are not legally binding FYI, but assuming a number of conditions are met, the courts will typically consider them when determining the division of assets.
Sir Bagalot said:
ralphrj said:
Has a division of assets in the divorce been agreed and signed off by a court?
Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
The house is not a joint asset.Without that I would have thought that the house is a joint asset, therefore what grounds does she have to evict him?
She owned it before they met.
If he claims any of it then time to get legal
I think the issue is getting him out from the OP's original post. I'd rather fight a legal battle over division of assets without the ex living in the house if I were in her shoes. The issue is his right to reside there, not his right to a share of the property. The ex is presumably not on the property deeds, and there is hopefully no tenancy agreement or lodgers agreement. To my mind, there is no issue with changing the locks and refusing him access. Plod would almost certainly view it as a civil matter, while solicitors can argue over everything else slow time. If he cannot present his name on the deeds, or a lawful agreement with the property owner, then he has no right of access, even if he is entitled to a share of the property value.
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