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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Ex refusing to leave

20 replies

Inumpressed · 14/08/2020 22:04

Hi, I’m just looking from some advice with regards to my current situation I’ve separated from my ex partner at the beginning of this year and he still hasn’t left.

The house is solely owned in my name. We were together for 20 years and we’re currently going through solicitors letters he has stated he put in all of his inheritance received and has paid me large sums of cash (not true) into the property and towards the mortgage again not true. Everything has always been paid for by me all the bills, the mortgage everything. I agree he did put a proportion of his inheritance into some improvements in the property and I have made an offer of way over this amount which has been rejected.

He is making my life a misery and his solicitor has stated he won’t leave until the matter is resolved he is asking for nearly a third of the properties value and I simply do not have this amount of money to give him. He is still living here for nothing while I continue to pay for everything How can I get him out?

OP posts:

carly2803 · 14/08/2020 22:07

surely if its in your name you can change the locks and call the police if he comes back?

you have offered him an amount, ? ask your solicitor.dont just do the above

im very hot headed so i would pack his shit and sling it out.

ivfdreaming · 14/08/2020 22:10

You lived together for 20 years so he will have accrued rights to the property and it's naive to think otherwise. So he didn't pay you a single penny in 20 years? Because even if he was say paying £400 a month towards the food bill there is no proof that this wasn't towards household costs - it's your word against his

Feralkidsatthecampsite · 14/08/2020 22:11

Surely its not up to you to prove he didn't pay but him to prove he did?
Which he can't.
Make your own statement... Judge can sort it out.

Original poster

Inumpressed · 14/08/2020 22:11

I have been trying to keep things civil but changing the locks is becoming more and more appealing. I asked my solicitor about eviction and because he has stated an interest in my property it wouldn’t be easy and would cost me a fortune. I feel like a lodger in my own home I try to spend as little time there as possible now lockdown has been lifted

OP posts:

Feralkidsatthecampsite · 14/08/2020 22:13

Who's name are the bills in? Yours? Change the WiFi password.
Own room? Move the fridge in here and get a door lock.

Original poster

Inumpressed · 14/08/2020 22:16

Yes it is down to him to prove that he has paid all these sums of cash which he hasn’t. But that’s only if it goes to court which again is costly at around £10,000. I’m not disputing he did pay some of his inheritance into renovations which I have offered to pay back double that amount. If it goes to court it’s likely to take time and I was wondering if there was anything I could do without breaking the law to get him out

OP posts:

Original poster

Inumpressed · 14/08/2020 22:17

Yes everything is is my name

OP posts:

Feralkidsatthecampsite · 14/08/2020 22:17

Let him get aggressive and have the police remove him...

ivfdreaming · 14/08/2020 22:22

@Inumpressed

So other than the £10k inheritance what else has he lie you over 20 years???? Surely you haven't let him live with you and not pay a single bean........?????

ivfdreaming · 14/08/2020 22:22

Not lie *paid

TorkTorkBam · 14/08/2020 22:27

Has your solicitor told you that you are not permitted to change the locks and bar him from entry?

notapizzaeater · 14/08/2020 22:27

Partner not husband ?

WellIWasInTheNeighbourhoo · 14/08/2020 22:30

If the house is in your name and you are not married, give him notice to leave and if he refuses call the police, have him removed and change all the locks.

Don't put any more offers in writing without legal advice.

Original poster

Inumpressed · 14/08/2020 22:31

I’ve been divorced before and I was adamant that I wouldn’t ever get financially involved with anyone again. And I earn significantly more than him. It was a situation that suited both of us so no he hasn’t paid for anything else other than gifts which are exactly that gifts. I thought I was protecting my kids inheritance by doing it this way turns out that’s not the case

OP posts:

Original poster

Inumpressed · 14/08/2020 22:35

I haven’t asked my solicitor about changing the locks. I’d far rather him find somewhere to go and leave I don’t really want to see him homeless but it’s getting to the point where I just can’t stand living like this anymore

OP posts:

Mollyboom · 14/08/2020 22:35

Hi Op

I assume you have a solicitor,, if so you should discuss making an application to court under the Trusts of Land Act as this will resolve the ownership of the property as in how much you should have to pay your ex and to get him to leave. Court will be expensive but sometimes just the threat of court action will force the other person to consider what they actually want and accept a fair offer. I would consider a letter before action now if you have tried reasonable correspondence and it has failed. In the interim you may just have to put up with him being there as unless you have been a victim of domestic violence it would be difficult to remove him from the property. You could just change the locks and see how he reacts- if he kicks off then you could have grounds to apply for an occupancy order. I hope this helps

Original poster

Inumpressed · 14/08/2020 22:36

No not married

OP posts:

Mollyboom · 14/08/2020 22:41

I should also add that it is likely that he will have acquired some equitable rights in the property but if he won't accept a reasonable offer then the court will determine it. On the face of it your offer appears reasonable and he may well incur more in court costs than he is likely to be awarded over and above your offer.

Original poster

Inumpressed · 14/08/2020 22:42

Thank you mollyboom I will definitely look into all of the above

OP posts:

Collaborate · 15/08/2020 08:12

You should not be making your own TOLATA application. You are happy with what the deeds say about ownership. Let him do the running there.

Putting £10k in to home improvements doesn’t give him a right to occupy. You either change the locks or apply for an occupation order (I know which one I would do).

He doesn’t automatically get his investment back. There’s a lot he has to prove before a judge finds he has an interest in the proceeds of sale. I’m sure your solicitor will have advised you of this.

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