Friends ex wont move out 3 years after divorce

Pepsi35_2

Hi
Any ideas ? a close friend of mine was divorced 3 years ago , since then her ex husband has refused to move out and is getting quite nasty towards her , I am quite concerned for her safety , she is now in another relationship but cant move on with her life until the ex moves out, she has tried going down the legal route be the situation is becoming unbearable . Everything is in her name and she has always paid for everything herself - even thought they were married a number of years, she is worried about the house and if he trashes it or anything - can she put his stuff out and change the locks , I think she should tell the police she is worried for her safety , he knows he has a limited time before he has to go , cant really see why his is prolonging things - what are your views any constructive ideas/views ?

BitterAndTwisted

Has there been a financial settlement as part of the divorce?

You say that everything is in her name and she has always paid "for everything" but does that mean he had never worked or contributed anything during their marriage?

Pepsi35_2

Hes paid the odd council tax now and again but far as I know thats about it hes about 20 years older than her , he hasnt contributed much think he paid a little towards house when they first bought but hasnt paid anything near they amount she has , she has a good job , but now needs to get on with her life .. surly if they are divorced he should just go and has no right to be there ?

BitterAndTwisted

They lived together as man and wife so any assets acquired during the marriage are joint assets regardless of whose name they are actually held in. To be honest the financial settlement should have been agreed as part of the divorce. Just saying that he might have paid something towards the purchase and not paid anything like what she had throughout the marriage really isn't good enough. If she wants him to go she is going to have to provide a financial inducement.

If the boot was on the other foot and this was a divorced ex-wife and the house was in the man's name no-one would be encouraging the woman to go quietly with not a thing to her name.

People who divorce without agreeing a financial settlement are fools.

Beckyy

What was the outcome of their divorce settlement?

Pepsi35_2

Will have a chat with her tonight , not sure of "all" the details there was a figure mentioned , but not sure if he will get that when he moves out , its just a mess , shes been in tears for 2 days he denies rec'ing a letter from her solicitor and appears to be hanging on till he "has" to go - hes retired and has been for a long time she works full time - hopefully things will resolve themselves soon ... life is to short x

BitterAndTwisted

Life is also too short to expect a retired person to just sling their hook without a penny to their name!

She needs to remortgage to raise the amount he needs and deserves to make a new life for himself. If she can't, she needs to start thinking about selling up and sharing the equity with him

Pepsi35_2

He does get a big pension every month, he is not short of a few bob even though he is now retired - she pays over £2000 a month just on mortgage without bills and has worked very hard to have a lovey home she has worked all the time I have known her went back to work within 2 weeks of having her second Son and has put one through uni , and helped the the other one , will close this down time will sort it Thankyou for input x

sacha28

BitterAndTwisted wrote: »

Life is also too short to expect a retired person to just sling their hook without a penny to their name!

She needs to remortgage to raise the amount he needs and deserves to make a new life for himself. If she can't, she needs to start thinking about selling up and sharing the equity with him

I'm hoping this is tongue in cheek?!

Dazedandconfused

Wasn't the property dealt with as part of the financial settlement during the divorce process?

RAS

Pepsi35 wrote: »

He does get a big pension every month, he is not short of a few bob even though he is now retired - she pays over £2000 a month just on mortgage without bills and has worked very hard to have a lovey home she has worked all the time I have known her went back to work within 2 weeks of having her second Son and has put one through uni , and helped the the other one , will close this down time will sort it Thankyou for input x

In that case does your friend realise that

1. Assets of the marriage include his pension fund, her pension fund, the house and any other savings that either of them have. Likely to be split 50/50.

2. That if he had a a low income, he could possibly try and claim spousal support but with a big pension that is unlikely.

She needs to see a good divorce lawyer and start organising a financial settlement and clean break if that is what she wants.

And she needs to think about a new will as at present, the ex would get a lot if she does not have one.