STBXH won't leave marital home, can I make him move out?

[Longhairmightcare]

In process of separating. House deeds are in my name as STBXH has CCJs has been jobless for a number of years (sporadic short bouts of employment from which he always get fired/fails probabtion always some tale, never his fault). The deposit was paid by me using inheritance from parents and I have made (and still do make) every mortgage payment. Plan was to sell house, split equity (minus my deposit) and go out separate ways. House is sold, due to complete in 2 weeks. He's been living in spare room (paying no bills rent) in the approx 6 weeks between deciding to split and now.

He has now declared he has taken legal advice and 'knows' he is entitled to half of everything - house, car, my savings etc and wants to halt the sale of the house so he can continue living rent free as long as possible.
So I now want him to leave, things are no longer amicable and I no longer want to share living space with him, much less pay for the privilege.

Can I make him leave, and how?

[Longhairmightcare]

Full disclosure I am posting this on behalf of someone else, who hasn't got a MN username and password. Trying to present everything as factually as possible. Hopefully this won't alter advice given.

[Longhairmightcare]

Shit

[Lockheart]

If he's not on the deeds or the mortgage then as far as I am aware (and I am NOT a lawyer) he has no right to be there. You say you make the payments but is his name on the mortgage?

I would take proper legal advice and go from there.

[RandomMess]

Unless it's a short marriage it would be usual for all assets and debts to be split 50:50

There are ways of getting him to move out but it will cost £, do you think he will go on the offer of 50:50?

How long were they married for and how long were they co-habiting for directly before marriage?

[outabout]

I would very much doubt he would get anything like 50/50 even it you had a long marriage (over about 8 or so years?).
There seems to be a lot of factors involved, particularly if you have children but I THINK his idea of half is very optimistic.

[Longhairmightcare]

The mortgage is in her name, he can't get credit.
They've been married 5years. They e been together 10.
He wants 50:50 of everything, she wants to keep her inheritance (used as deposit) and go 50:50 on any profit after that.

The following is from me not her: he's had a safety net through the marriage where doesn't matter how many jobs are lost he has roof over head, bills paid. I think he'll hang on to his spot in the spare room until grim death, and delay house sale as long as humanly possible. He has no job, no money, credit card debts, so really really doesn't want to leave. He knows she'll pay the mortgage, as any default will be in her name and affect her ability to get a further mortgage. The idea was he lives in spare room then uses money from sale for accommodation, as he can't afford it now.

[LaurieFairyCake]

I was told if I dug my heels in and refused to move out it would take years to force a sale etc

[Longhairmightcare]

Laurie yes that's what we're afraid of

[Ellisandra]

Every time a woman posts this, she is told to register home rights:
www.gov.uk/stay-in-home-during-separation-or-divorce/overview

And if he really has taken legal advice, he'll know this. And that can stop a sale.

And yes, there's every chance that he is legally entitled to a lot more than your friend has offered. The car and savings you mention, and her pension too. This is what marriage means.

She needs to say nothing to him, and take legal advice herself. If they have a long marriage and she has a sizeable pension, if he hasn't mentioned that yet it might even be worth getting in quickly accepting a settlement that leaves it out.

She really really really needs legal advice. Did she not get any before going on the market?!

[LadyLapsang]

Are there any children? Was the inheritance identified as such and received before marriage, or did it just go into the marital pot?

[BadHatter]

Why wouldn't he be entitled to half of the marital assets (not just "profits")?

I think he's protecting himself. If the roles were reversed you'd be shaming the husband for trying to make his wife destitute.

[JamesBlonde1]

You can't make him leave unless he is violent/threatening. You married him so it doesn't matter about the legal ownership. You need legal advice. His solicitor is not wrong.

[Ellisandra]

She can talk to a solicitor about the deposit coming from an inheritance but there's no guarantee she would win at ring fencing it. Maybe (I Am Not A Lawyer) more chance because deeds (and mortgage?) are in her name.

Again: SOLICITOR.

If the deposit wasn't substantial, it might be worth agreeing to get him off her back.

Has she got any cash? Maybe she could buy him out now with a sweetener of 6 months rent and deposit to get him moving... nothing guaranteed until the Consent Order, but perhaps if down via a Separation Agreement it would be persuasive in court?

Solicitor!

[Ellisandra]

Sorry for the hijack but...
To any woman (or man!) reading this who is about to put an even share into a marital property - bloody well protect it!
And if you're married to a waste of space who is living off you... don't delay getting shot, because the longer you're married the more of your money you'll lose.

[user1476869312]

If there are no children and the property is in her sole name, then she may be able to throw him out. But consulting a lawyer would be the best thing to do. He's an able-bodied adult, so not entitled to indefinite support from her. I would also think that if he never put anything into the marital home (no decorating or home improvements, no paying for them to be done, no purchase of furniture) he's not entitled to take anything from it, either.

[Aquamarine1029]

If his name is not on the house, I fault to see how he can prevent the sale. It has nothing to do with him. Your friend needs to get a solicitor after him.

[Alittlepotofrosie]

Im curious what is to stop her changing the locks if he's not on the deeds or the mortgage?

[DawnOfTheMombie]

The DH is a cock lodger! I think your friend will need a Specific Issue Order. I was renting when divorcing and as the tenancy was only in my name, I was legally allowed to lock him out. Which I did because he was drunk and being incredibly aggressive over the phone. The police removed him from my property, took my keys from him and told him in no uncertain terms that actually he had no legal right to be in the house. Not sure if it's the same with an owned house though.

[Longhairmightcare]

ellisandra thank you very much for the link and advice.
Solicitor message has been heard and understood and will be acted on in morning.
He's just come out with this this evening so there's not a lot of real legal advice to be had until morning.

Regarding making him destitute it's just galling that part of the reason the marriage broke down was that he contributed nothing. E.g Despite being unemployed at home their son is still in paid by her childcare while he's sat at home!

[DawnOfTheMombie]

I doubt he could force sale even if he were the one on the mortgage and making payments. When my DMum and StepDad divorced, he was told he couldn't force sake till youngest child was 18 as child has legal right to stay in marital home. (He didn't want to anyway)

[Dacquoise]

From my experience, five years is not classed as a long marriage and without children or disabilities each party leaves with what they put into it. As an able bodied adult he would not be able to rely on her for ongoing spousal support but she may need to get him on his feet accommodation wise, say a deposit on a rental which he would get from the house sale.

A great source of free information and advice is Wikidivorce. Tap in details on their forum, they will be able to give you a rough idea.

[Longhairmightcare]

Yes Dawn that's the problem! Wife wants to sell, split profit, move on with her life. He wants to sit in house...forever ideally.

Surely at some point he'd have to pay to be living there?

[Dacquoise]

Just seen the post about child. Is he claiming to be the main carer? That's the bit that adds to the pot. Needs of the child and 'resident' parent takes precedence.