Husband won't move out of house, though it's not in his name..suggestions?

carlcumbria

Hello all,

A friend is having a problem with her husband not moving out after they've split up, although the mortgage isn't in his name. What can she do?

Basically she bought the house around 14 years ago herself, then met her husband who moved in around 8 years ago. They've not seperated although not yet diveroced, however he's refusing to move out.

What can you guys suggest she does?

I knw he'll probably have some stake financially in the house as he'll have contributed to the combined houehold income over the years, however the house and mortgage has never been in his name..wos where does that leave her standing?

Initially she just wants him to move out as they've split, however if anyone can let me know what you think will be the case in terms of financial terms that would be handy too

Thanks as usual folks. Carl

Angela_D_3

Change the locks, stuff in bin bags on doorstep, the police will not assist im to gain entry unless he can prove he owns the house which he can't.
She might want to shred any documents he could use to prove his address too.

Jowo_2

He has a status no higher than being a guest in the property. I know that the Police try not to involve themselves in what they see as landlord/lodger disputes but she could always check with them if they'd come and escort him out of the property if he doesn't leave as he has no right to be there. Make sure she has a friend in the house, plus can change the locks straight away.

andy208833

As it is the marital home i think he has every right to stay until the divorce and settlement are sorted. He can prove its his home via the electoral register so no use shredding documents.

If he can prove he paid towards the bills etc i think he will have every right to claim a percentage of the house value too.

Then again as it is a bloke we are talking about he probably has no rights whatsoever and the ex-wife will probably be entitled to just about everything he does own even though she gets the house?

HAMISH_MCTAVISH

andy208833 wrote: »

As it is the marital home i think he has every right to stay until the divorce and settlement are sorted.

Correct.

And if he has financially contributed towards the mortgage payments and other joint finances, a court may well uphold his right to a significant settlement involving a share of the house equity.

Under no circumstances should any solution involving "bin bags" and "lock changing" be considered. A person cannot be lawfully evicted from their primary residence without due process. It will weaken the legal position of the person acting unlawfully.

Besides, he would have more of a right to force entry through an unlawfully changed lock to his primary residence than she would have to change the locks to begin with! And the police would likely not intervene either way.

Court or arbitration is the only way forwards.

HAMISH_MCTAVISH

Jowo wrote: »

He has a status no higher than being a guest in the property. .

Absolutely False.

He cannot be forced to leave his primary residence, their marital home, without proper legal process.

.

Jowo_2

HAMISH_MCTAVISH wrote: »

Absolutely False.

He cannot be forced to leave his primary residence without legal process.

I could understand that if he was a joint owner but not otherwise. It's his home but not his property. Are you saying that he has the right to remain until he's established his beneficial interest throug the courts?

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_homeowners/married_couples_and_civil_partners

EDIT

Apologies, I've found the answer to my question and more accurate guidance for the OP. This info applies to England but Shelter have different sites for different parts of the UK

If you are married or in a registered civil partnership, ‘matrimonial home rights’ (or ‘home rights’) can give you the right to live in your home, even if your partner/spouse is the sole owner or tenant of the property

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_homeowners/married_couples_and_civil_partners/matrimonial_home_rights

HAMISH_MCTAVISH

Jowo wrote: »

I could understand that if he was a joint owner but not otherwise. It's his home but not his property. Are you saying that he has the right to remain until he's established his beneficial interest throug the courts?

Yes, absolutely.

The only way a person can be lawfully evicted from their primary residence, in this case the marital home, is with a court order.

Jenniefour

I think your friend needs to take legal advice on this as a matter of urgency. The fact that they're married probably does make some difference to his rights.

Angela_D_3

My Dh's ex did exactly as I described, he came home one night and his stuff was on the lawn, he called the police and they would do nothing to help him gain access and he was a joint owner.
If you want this person out of the house then chuck him out, it's for him to prove he has the right to live there and if you do it on a Friday there's nothing he can do until Monday morning at the earliest by which time you can have a occupation order drawn up. Breach of this is a criminal offense, I am of course assuming there is a rational reason you want this person out not just that you don't love them any more.

Dasa

I can't believe some of the replies on here.

This has been his home for the last eight years surely he is entitled to more than coming home and finding his possessions dumped outside!!

I can imagine the uproar if a husband did this to his wife!!