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Help: removing an abusive DP from the family home

(3 Posts)
Ohcrapwhathaveidone Tue 26-Mar-13 21:41:49

Posting for some advice not for myself but my Dsis in law.

She currently lives in a house which she has lived in for about 21yrs she owns the house outright with no mortgage. Around 5yrs ago she met a new partner who sold his property and brought a 50% share in her house so now they are joint owners.

Now the relationship has ended (he has become emotionally abusive in many ways) she has asked him to leave and is prepared to pay him half the houses worth so he will leave. He has said he is buying another property but currently is showing no sign of leaving she is not sure if he is stalling the new purchase or if he is even telling the truth about buying something at all.

He is making her life hell in a very underhanded way-not obvious to any outsiders iyswim. Outwardly he is a very charming, persuasive man. They have 1 DC aged 5 she has 2 older DC's (19&21) from a previous relationship.

I fear she is on the brink of a breakdown and I am so worried about her.

Is it at all possible to force someone who legally owns half a property to leave?

If anyone has any advice/experience of this kind of situation or legal knowledge I would be very grateful for your help.

Thank you

Collaborate Wed 27-Mar-13 00:27:24

Application under TOLATA (trust of Land Act) to the court for a property transfer. She'd need an occupation order to get him out of the house. May not be clear cut. She needs to speak to a specialist solicitor initially. Where does she live?

Ohcrapwhathaveidone Wed 27-Mar-13 20:58:44

Thanks for your reply. She is in Essex. Do you know how she would find a specialist solicitor-would it be a case of just ringing around?

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