Can my mums ex husband kick us out the marital home

[Pinkorchid5]

My mum returned to the marital home due to financial reasons as she previously left because her husbands behaviour became intolerable. Such as coercing her to take out loans and refusing to pay the mortgage. When returning home her husband changed the locks without letting her know, the house is jointly owned. She had to get the locksmith out in order to enter her home. later that day a domestic violence incident happened which caused him to have to leave the property by the police. They are currently going through a divorce so there is a dispute with the house. He filed for an occupational order to get back into the house and is using his son born outside of the marriage as a means to renter the property and request for myself and my mother to leave. Also, the child lives with the
mother. He gets paid 2x the amount of wages in comparison to my mom, he was also subletting a council property and is claiming to be homeless. I am 7 months pregnant and I help my mom to pay the mortgage in full. Is it possible that the court will favour his request and I could end up homeless?

Are they both on the deeds? I assume they bought it together - or you would have said. I imagine think that the house will need to be sold and the equity split if that's the case.
Why don't they get on with doing that?

Yes they are, my mother bought the house then put his name on it. they’re still going through the divorce. It has been going on for a long time (2 years). My mom wants to keep the house and buy him out. But so does he despite causing the arrears ect.

Are they joint tenants or tenants in common on the mortgage?

Out of interest, why do they both want to keep the house and buy the other out? Aren't there similar places where they can make a fresh start nearby?
It wouldn't make sense to me to put my life on hold when there's a stalemate. Where are they on getting the court to decide?

I don't know what the courts will say but can't imagine his child not of that marriage who doesn't reside with him would give him more right to return to the property than your mum.

I think your mum needs to try and push forward with the divorce and financial settlement to try and buy him out. The fact that this was her home first and him refusing to pay the mortgage seem relevant information.... but I have zero knowledge or experience in this so don't know for sure.

Has she applied for an occupation order?
She needs to get her legal matters in order. She needs to contact a domestic violence service if she hasn't already and she can get legal aid to apply for an occupation and non molestation order.
As there is documented evidence of domestic abuse it's more likely they wouldn't grant the occupation order but she needs to get her ducks in a row.

If he has a council property that he rents from the council and he is still subletting it report him to the council and your local MP do that straight away /? although how is he saying he is homeless if he has a council property .

Get as much evidence as you can that he’s been subletting and living elsewhere

They take this really seriously and is a criminal offence to sublet a council property
If this is the case you could use this against him

I have reported him a few weeks ago and sent the council a letter that was addressed to him for that property. He is claiming to be homeless to use it as grounds along with his son born out of wedlock for the occupational order, to move back in and order the courts to remove my mom and i out of the house.

@MazekeenSmith

Has she applied for an occupation order? She needs to get her legal matters in order. She needs to contact a domestic violence service if she hasn't already and she can get legal aid to apply for an occupation and non molestation order. As there is documented evidence of domestic abuse it's more likely they wouldn't grant the occupation order but she needs to get her ducks in a row.

Yes she has applied for prior to him taking one out with his solicitor. However, it has taken some time because of the legal aid checks. Monday she should hear something back otherwise she will have to contact them as his occupational order hearing is on Friday

It’s a messy situation that is ultimately one for you mother to resolve legally with her ex. As a pp pointed out it’s fairly likely the house will need to be sold sooner or later. The divorce process won’t consider your needs because you are not a dependent. It will consider his needs and your mothers needs. He has a dependent, she does not.

Telling the council he is subletting his tenancy is the morally right thing to do. But it might not have been in your mothers interests. He will lose his tenancy and that won’t be a housing option for him. You may just have validated his claim to be homeless.

Technically you are homeless. The house belongs to your mother and her ex. You need to look to secure a home for yourself and your child. Let your mother deal with things with her ex.