Delaying moving out the family home after transfer

[CleverOpalBalonz]

Has anyone had their ex delay moving out the family home after transfer of equity? How was this dealt with? We aren’t talking. Kids around. His house is 2-3 months away from being ready. I can’t keep him living there but want to avoid going to court for the sake of the kids.

Surely you had a solicitor involved in the transfer of equity? You've basically given him the money and he's refused to vacate. That's not on. You need to speak to him and tell him to get out, give a deadline. Otherwise get a solicitor to write to him. Hopefully you won't need to go to court. At the very least he should be paying you rent now. The kids don't need to know the financial details and will already know that their DF is moving.

My solicitor is just awaiting his signature to finalise the transfer. He told me he was looking for houses 3 months before he actually was, made me think he had a mortgage in principle before he did and the lack of communication is obviously not helping as he tells me very little and what he does say is misleading.
I haven’t told him he can stay, or implied it. I’ve told him he needs to pack and he ignores me.
I think he would pay rent but I want him out but without the upset to the children witnessing him being forced out.

I’m basically worried that that the children, or one of them who very believing of their Dad, will turn on me and be mad at me for making him leave. They obviously won’t know he’s delayed it as I want to keep that from them to protect them from all this.

My consent had a statement saying I had to remortgage within 12 months. Have you not got anything like that in it?

Usually the transfer would be timed to the consent order with dates stipulated.

then, if they’re not upheld you can at least apply to court for enforcement ( which in this case is not ideal but would be something to hang your hat on)

There is a within x weeks clause, but he will not have his house ready or nearly ready by then because of his delays.

so he needs to find short term let or stay with friends /family

but you need to actually tell him this : that he has to move out by x date. That he cannot stay

in practice though if he doesn’t you’d need to get a family member to remove his stuff or change locks etc ( once divorce and consent done and his leaving date has passed) which doesn’t sound like you’re prepared to do ?

I'm confused, has he had the money but not signed for it? Is so, that's really poor service from your solicitor. Or is it merely the fact that you're waiting to transfer it but he's no set date to move out? If it's the latter, then I'm not sure there's anything you can do, apart from go to court. If he's genuinely got the wheels in motion that would be a waste of your time/money. You'd think he'd be keen to get into his own place.

Sorry, he hasn’t had the money because he hasn’t signed for it. You would think he’d be keen to move out. I suspect he thinks he can just keep trying to delay things and even stay there after the transfer despite me trying to tell him when he’s expected to have moved out by! I don’t understand why he isn’t moving????