Can ExP take friend to court to evict her from house they jointly own outright?

[ohforfoxsake]

Posting on behalf of friend who has received a text from her ExP, and father of her children. He has threatened to start court proceedings to get her out of the house they own together.

They split over 3 years ago, she lives in house with her DCs. He hasn't had much to do with DCs, blown hot and cold, doesn't pay much in maintenance (self-employed, not sure he declares earnings in full). History of DV and EA. Police have been involved. He has started to see DCs recently, but threatens to reduce what little he pays her because he has them sometimes. She doesn't get much in the way of benefits because she is a homeowner. Friend has applied for legal aid, but had to re-apply so is no further down the line. He has a solicitor sending nasty letters backing up his cruel threats.

Friend doesn't work as children still young. Only just in FT education.

She is in bits, about to go away with her DCs and new DP for a much needed break. Obviously in his timing he is trying to spoil it for her, and he is succeeding. This is how he works.

I would really like to be able to re-assure her. I don't think he can kick them out, certainly not before the youngest has left FT education.

I'd be so grateful to anyone in the know who would take the time to reply. Its a horrible situation, and I want to do something to try and help. She knows I'm posting BTW.

Thanks so much in advance.

Bumping for OP.

I too would be very surprised if your friend's ex had a leg to stand on, I agree, it sounds like this is nothing but spite.

Thank you

Bumping.

Does the new partner live with them? Would that complicate things?

No her new DP doesn't live locally, although he does stay there when visiting.

I'm not a lawyer but I doubt he can force out his co-owner who has dependent children (his children, to boot)!

She needs to talk to CAB, or Shelter, if she's not getting any joy with a solicitor.

If it's in joint names he can't simply get her evicted. He'd have to apply for an order for sale of the property first, but the court may well refuse that as there are children in the house that he's responsible for providing for.

The law in this area is not straight forward, so she should seek some legal advice.

Thank you for your replies, I have passed them on.

She is unsure - he has got into her head in that way he does. Causing her to doubt that grass is green. One of those.

Anymore advice would be very welcome.

To those who have already taken the trouble to reply, she says 'thank you', will speak to Shelter and is feeling a bit better.

She must go and see a solicitor.

There are so many variables here - value, proportion put into the deposit, who has paid the mortgage etc. Yes, it is possible she could prevent the sale of the house, but it is indeed possible he could force the sale.

The simplest would be for her to buy out his share. Yes, she'll probably need to return to work to do that (unless she has private income).

Yes, if DC stay with him regularly, then it is lower maintenance.

The relationship history (EA/DV etc) is irrelevant - even in divorce, the financial settlements are unrelated to "fault" and as she wasn't married, then there is only law relating to ownership of property and care o children to rely on. For the former, a sale could be forced, on the latter, there may be enough to delay it depending on specific circumstances.

Unfortunately she can't afford a solicitor. I've offered to help as much as I can to buy an hour of the solicitor's time. I even thought of doing a whip round but i dont want to embarrass her. She has a solicitor lined up but until legal aid is agreed, she's a bit stuck.

In the meantime he's sending her over the edge with threats and solicitors letters.

She's been to CAB but I don't think that was massively helpful.

Thank you Meditrina, although that's not what she'll want to hear, it is very useful. She needs the facts.

Surely where there has been DV legal support is still available? Is that what she's waiting for though?

I'm not a solicitor but worked as a court usher. From what I saw eviction notices on tenants who are not paying rent are incredibly difficult to get, so I would imagine it will be extremely unlikely that he would succeed if she is part owner and paying her way. And has his dependant children.

Sounds as tho the solicitor is trying it on and using some bullying tactics, just because they threaten a certain thing doesn't mean they have any hope of a judge will granting it.

Agree with pp that there could be a forced sale. Who's paying the mortgage?

There's no mortgage as they paid it off before splitting up.

Saw Friend tonight. She's much brighter.

Good.

Agree, just because you get a solicitor's letter, doesn't mean the solicitor is right. They could just be trying it on. I used to get the occasional one in a previous job - used to amaze me that random small firms would happily take their client's money to send us a nasty letter when they must have known full well they didn't have a chance of success. (Was working for a company that did consumer research, and published the results.)

Thank you. She has a long way to go with this, and yes, needs proper legal advice. I just hope she gets legal aid sorted and can get some.