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Original poster

Make ex-partner leave

39 replies

achy135 · 30/05/2021 23:53

I ended the relationship with my partner 7 weeks ago. We were together for 8 years. We have no children together. It's my house. He has lived in my house (with my two children) the whole time, and he has paid a contribution to the household running costs, but I've paid for repairs we've needed, eg new boiler 100% me.

I would like him to leave... I'm not forcing him yet, as he is very upset and he assures me he is looking. He says he'll leave in a month, (three months after I ended things). My worry is, if he doesn't leave, can I force him to go?

OP posts:
PinkSatinMoon · 31/05/2021 02:45

Yes you can... and NOW 🌸

Mintjulia · 31/05/2021 02:49

Yes absolutely you can.

Set a leaving date, as soon as you wish. Inform him of that date in writing and if he hasn't found anywhere by then, he can use the letter to show the council housing department that he is homeless.
Then change the locks. He has no right to stay. He is an grown up. You aren't his mother.

BigHeadBertha · 31/05/2021 03:32

Three months is quite a while. It sounds like he is stalling and he may not go if you don't push it.

Does he have somewhere he could go? Do you think he'd try to do anything official about it anyway if you just packed up his stuff and had it delivered there or put into storage, and changed the locks? (Sometimes it's better to apologize than ask permission, or however the saying goes). Do you want to take it to that level? Sorry, I don't live in the UK so have no idea what the laws are there about it.

PinkPoloMint · 31/05/2021 04:27

Three months is quite a while. It sounds like he is stalling and he may not go if you don't push it.

most definitely OP, it's too long 🌺

Longdistance · 31/05/2021 05:12

You’ve given him plenty of time. Has he packed anything up yet? If not, push him along. He needs to be gone by the weekend. 🥾

prh47bridge · 31/05/2021 09:21

If you are married and he has registered matrimonial home rights for the property, you need an occupation order to make him leave.

If you are not married or he has not registered matrimonial home rights, he can apply for an occupation order which would allow him to stay in the house. I am not saying such an application would succeed but he is entitled to try.

Original poster
achy135 · 31/05/2021 09:52

Thanks @prh47bridge I’ll check out the basis of occupation orders, see if he has any rights.

OP posts:
PinkPoloMint · 31/05/2021 13:16

@achy135

Thanks *@prh47bridge* I’ll check out the basis of occupation orders, see if he has any rights.

He doesn't.. don't look for excuses to GIVE him rights 🌸

drpet49 · 31/05/2021 13:18

You are not married. He has no rights. If he doesn’t go, call the police and change the locks.

prh47bridge · 31/05/2021 13:29

@drpet49

You are not married. He has no rights. If he doesn’t go, call the police and change the locks.
The police won't get involved. This is a civil matter.

The OP has not said they are not married. And just to repeat, if the OP is married or in a civil partnership and he has registered home rights, he has the right to live in the house. If the OP wants him out, she needs to get an occupation order. If they are not married or in a civil partnership, or he has not registered home rights, he still has the right to apply for an occupation order allowing him to remain in the house for the time being. It really is not as simple as saying that he has no rights.

Beeeeeeeeeeeeeep · 31/05/2021 13:37

She's called him a partner several times.
OP this isn't a matter for the courts or police it's a matter for you to pull up your big girl pants and make him go. Give him a deadline of the end of the week and stick to it.

prh47bridge · 31/05/2021 16:22

@Beeeeeeeeeeeeeep

She's called him a partner several times. OP this isn't a matter for the courts or police it's a matter for you to pull up your big girl pants and make him go. Give him a deadline of the end of the week and stick to it.
Look again. She has made two posts on this thread and used the word "partner" twice - once in the title of the thread and once in her first post. That suggests they were not married but there have been many posts on MN where people refer to their spouse as their partner. And, of course, legally, being civil partners is the same as being married. I therefore try to avoid making assumptions.

If they are married or in a civil partnership and he has registered his home rights it absolutely is a matter for the courts. The OP cannot throw him out legally without going to the courts. If they are not married/in a civil partnership or he has not registered his home rights the OP can give him a deadline, but she needs to be aware that he may be able to get a court order preventing her from throwing him out.

PinkPoloMint · 31/05/2021 23:27

KICK HIM OUT... HE HAS NO RIGHTS ... Ignore the bollocks about his rights.. he has none.. unless you don't really want him gone. 🌸

GettingItOutThere · 31/05/2021 23:41

give him 7 days, no longer, get his shit out asap.

hes a grown up, hotels are open. he will stay otherwise

prh47bridge · 01/06/2021 00:14

@PinkPoloMint

KICK HIM OUT... HE HAS NO RIGHTS ... Ignore the bollocks about his rights.. he has none.. unless you don't really want him gone. 🌸
Alternatively pay attention to someone who actually knows the law and isn't spouting bollocks about him having no rights. We don't know enough to say definitively that he has no rights. At the very minimum, he has the right to apply for an occupation order. That doesn't mean he would get one, but he is entitled to try.

I agree the OP should give him a deadline and tell him to go, but she needs to be aware that it may not be that simple.

PinkPoloMint · 01/06/2021 01:32

Alternatively pay attention to someone who actually knows the law and isn't spouting bollocks about him having no rights. We don't know enough to say definitively that he has no rights. At the very minimum, he has the right to apply for an occupation order. That doesn't mean he would get one, but he is entitled to try.

I agree the OP should give him a deadline and tell him to go, but she needs to be aware that it may not be that simple.

You know nothing if the sort..

OP has given NO indication of a civil partnership or marriage. Until she does so You are talking still bollocks, and keeping OP terrified that she cannot get rid of her cretin ex.

Original poster
achy135 · 01/06/2021 07:01

We were not married.
We were not in a civil partnership.
I am going to check with citizens advice bureau if he has any rights to stay, I don't think he does. Operation Get Him Out begins. Thanks everyone.

OP posts:
prh47bridge · 01/06/2021 08:16

@PinkPoloMint

Alternatively pay attention to someone who actually knows the law and isn't spouting bollocks about him having no rights. We don't know enough to say definitively that he has no rights. At the very minimum, he has the right to apply for an occupation order. That doesn't mean he would get one, but he is entitled to try.

I agree the OP should give him a deadline and tell him to go, but she needs to be aware that it may not be that simple.

You know nothing if the sort..

OP has given NO indication of a civil partnership or marriage. Until she does so You are talking still bollocks, and keeping OP terrified that she cannot get rid of her cretin ex.

I'm sorry but you are the one talking bollocks.

Even if there is no marriage or civil partnership, her partner can apply for an occupation order. Family Law Act 1996 Section 36 gives a cohabitant or former cohabitant who has no right to occupy the property (which is the position of the OP's ex) the right to apply for an occupation order.

Just to say again, I am not saying he would get an order. I think there is a good chance he wouldn't on the information posted here. But the law gives him the right to try.

prh47bridge · 01/06/2021 08:18

@achy135

We were not married. We were not in a civil partnership. I am going to check with citizens advice bureau if he has any rights to stay, I don't think he does. Operation Get Him Out begins. Thanks everyone.
He has no automatic right to stay. However, as I have said previously, he is entitled to apply for an occupation order which would allow him to stay for a limited period. I think it is unlikely he would try and, even if he does, I doubt he would succeed, but the law does give him the right to apply.
CornishTiger · 01/06/2021 08:19

He could indeed apply for an occupation order.

OP has there been any kind of abuse? Emotional, financial etc?

MrsElijahMikaelson1 · 01/06/2021 08:22

Signs like encouragement is required!

Enko · 01/06/2021 09:43

@PinkPoloMint people like you makes me truly worry posters like prh47bridge admission and PatriciaHolm (to name a few and I know I've missed some just these 3 have in the past helped me) will leave mumsnet. They are all knowledgeable in law /school admission and have helped so many mn people . Read this forum read the secondary and primary school forum and see just how much good solid advice they give. How much support they have given posters. Just how much knowledge they share.

They would be a loss to mumsnet. So please consider how you write and be polite even if you disagree with their advice.

I know many have been helped by posters who take the time to explain the legalities because they know what they are talking about. Please consider this before you claim someone doesnt know what they are talking about. In this post all prh47bridge has said is the partner has the right to apply. And for us to wait to find out if its more than a Partner. Op has now replied saying no marriage/ order that still leaves the possibility of him applying to try to stay. Legally he can do that. He is unlikely to but from a pure legal standpoint what we have been told is that he could try.

Op sorry for the high jack and I truly hope you get your x out soon.

PinkPoloMint · 01/06/2021 12:34

@Enko

Read what OP wrote..

We were not married.
We were not in a civil partnership.
I am going to check with citizens advice bureau if he has any rights to stay, I don't think he does. Operation Get Him Out begins. Thanks everyone.

HE HAS NO RIGHTS. 🙄

prh47bridge · 01/06/2021 13:44

[quote PinkPoloMint]@Enko

Read what OP wrote..

We were not married.
We were not in a civil partnership.
I am going to check with citizens advice bureau if he has any rights to stay, I don't think he does. Operation Get Him Out begins. Thanks everyone.

HE HAS NO RIGHTS. 🙄[/quote]
The OP is after legal advice, not your guesses. I have referred you to the specific legislation that gives him the right to apply for an occupation order. Without such an order he does not have the right to stay, but he has the right to apply for an order that will give him the right to stay despite the fact they have never been married or in a civil partnership.

You appear to be a new poster on Mumsnet. You may not be aware that there are a number of experienced lawyers who post in Legal Matters and get very frustrated with people like yourself who persist in posting incorrect advice.

In case you missed my post, the relevant legislation is the Family Law Act 1996 Section 36. You can find it online at legislation.gov.uk. It is clear that a cohabitee such as the OP's ex who does not have the right to occupy the property can apply to the courts for an occupation order that will, at least temporarily, give them that right.

If you don't believe me despite my years of giving accurate legal advice on Mumsnet, perhaps you will believe Shelter. You can see their description of the law at england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_orders_if_one_partner_is_the_sole_owner. It is headed, "Courts can make occupation orders to enforce rights to occupy the home on application by sole owners or their non-owning cohabitants" The OP's ex is a non-owning cohabitant. See in particular the section headed, "Application by non-owning cohabitant or former cohabitant as a non-entitled applicant" as that appears to be the situation here.

BillMasen · 01/06/2021 14:11

@prh47bridge just want to say well done for calmly explaining in the face of bad advice and an aggressive and ill informed poster.

The point above about knowledgeable and helpful poster being put off by the numpties is a good one.