How do you get a ex to move out?

[FrustratedDP]

It’s over between us, he is refusing to leave until he is sorted out & that we have arrangements in place for money & DC.

Yet mean while he’s out as soon as he can all hours, coming back smelling of perfume & drunk

Are you married? Whose name is on the mortgage/tenancy agreement?

What’s the situation? Are you married, is the house rented or owned, and who rents/owns it, one of you or both of you?

Joint long term social tenancy
Not married

Check your tenancy agreement. They sometimes include a clause about who keeps the house in cases like these. If it's you, you can ask the police to remove him if he won't go. Otherwise you may need to seek legal advice.

Does he have anywhere to go? Is he making an effort to find anywhere? Does it have to be him that leaves? What's the chances of finding somewhere else and leaving him there?

Can he find alternative digs?

He is only protecting his interests if he is taking a reasonable amount of time to sort things out. Social tenancies often make no provision for providing another flat if a couple split up.

But the coming home drunk in the meantime is insensitive and unacceptable. You need to have a conversation about him saving up the partying until he has his own place.

if he has keys it's virtually impossible to get someone removed from a property. Even if they are not on the deeds of tenency. Because they have keys, they are free to gain access.

Going to court is a long and costly process and if there is no reason regarding safety, such as multiple Asbo's or an order by the court It will be very hard to put forward a compelling argument to have someone removed.

In the main, deeds or tendency is pretty meaningless in this circumstance. Unless the rent or mortgage isn't paid the landlord or mortgage provider won't give a stuff about who is under the roof untill they have to recover their monies owed.

If you need to get the locks changed and the deeds or tenency is in joint names, the majority of reputable locksmiths will have to get a signature from both of you.

This is a difficult and painful situation to be in.

If its a joint tenancy then he has no obligation to move out.