Where do I stand? Ex won't move out or pay rent

yvonne13_2

OP I hope this matter comes to an end soon and your able to relax and feel comfortable in your home.

thegirlintheattic

Is there no room for compromise - she can stay rent free till after the holiday period then has to move in once she completes?

Brighton_belle

thegirlintheattic wrote: »

Is there no room for compromise - she can stay rent free till after the holiday period then has to move in once she completes?

But it takes two to compromise and it appears OP's ex isn't interest at all in any form of anything other than her own way. She has insisted it is her legal right to stay as long as she wants as she is the children's mother: most bizarre reasoning and like someone else said, you'd think she couldn't wait to leave given the atmosphere.

OP, I hope this is over soon for you - sounds a miserable nightmare.

Vortex1

Thanks guys, this just keep getting better. She is apparently applying for an occupancy order. Not sure where I stand on this.

Any help appreciated please

Shelldean

Vortex

never heard of this so googled and found this page HERE.

I then did the relationship checker using the info you've provided.
And I think this is going to get VERY VERY messy.

I mean by this point.....
relationship checker comes back with the following.....


Unmarried, partner is owner
What happens if I leave?

You can leave the property if your name is not on the title. However, you may have rights to the property.

Can I stay in the property?



You will need to go to court and get:

1. An occupation order allowing you to:
   • stay in/or
   • return to the property/or
   • even exclude the other person in the short-term - especially if there are children living in your household.

I find that bit highlighted really scarey news !!!!!!

Vortex1

Thanks Shelldean, this is turning into a living nightmare.

rpc

You need a solicitor, but don't worry too much. I could apply for an occupancy order for your house if I wanted.

A judge will look at what is reasonable. They may conclude that it is reasonable for her to stay until the new house is hers (or they may decide that her sister's sofa is reasonable). I'm not sure any judge would decide that, having bought her own house, she should have occupancy in yours.

IF she gets the order (big IF), it would probably have an end date. When that arrives, bye bye.

But, given she has now "gone legal", you need to do the same.

Vortex1

Thanks rpc, what I fine incredible is that she apparently cant afford to pay rent but can afford to go legal. This just seems like another way of trying to bully.

NotSuchASmugMarriedNow

Um, have you behaved agressively towards her?

An occupation order doesn't just let her in, it forces you out!

Vortex1

Not at all, but when she was trying to force me to move out and continue paying for everything and I refused it was muted she would say I was abusive (there were also various other threats) just to force me out. She obviously never went through with this but I wouldn't put it past her.