How do i obtain possession of matrimonial home?

thumpertwinkle

Ex husband is living in matrimonial home, the house is in process of being sold via court order of sale. I have growing concerns of ex not leaving the property (he has in the past stated he will not leave) so to protect the sale (the buyer has expressed concerns of being left with a sitting tenant after completion) I am considering applying to court to gain possession and have him forced out. I have searched the internet but everything i read relates to tenants in rented homes and this does not apply. It has already cost me a fortune in solicitors to get to this stage and I cannot afford to pay more, i need my money to buy a new home for my children and myself!

Any advice appreciated. Thanks

thumpertwinkle

Also I need this sorting quickly as I have found a house I wish to purchase and need the matrimonial home to complete to enable me to buy this house

princeofpounds

You are looking for an occupation order most probably.

PS I think you have another thread going. Best not to split them and keep all the info in one place.

moneyistooshorttomention

is it feasible for you and the children to move back into the house - at which point I'm guessing he wouldn't want to live there any more then and job done - ie as you make it as unpleasant as possible for him to stay there.

Or, is it the case that he remained and you all left because you weren't physically safe to stay near him? (am feeling a bit surprised a man would stay put, whilst a woman and her children were the ones that moved out??).

davidmcn

If the only justification is that

thumpertwinkle wrote: »

the buyer has expressed concerns of being left with a sitting tenant after completion

then I doubt a court would grant such an order.

thumpertwinkle

moneyistooshorttomention wrote: »

is it feasible for you and the children to move back into the house - at which point I'm guessing he wouldn't want to live there any more then and job done - ie as you make it as unpleasant as possible for him to stay there.

Or, is it the case that he remained and you all left because you weren't physically safe to stay near him? (am feeling a bit surprised a man would stay put, whilst a woman and her children were the ones that moved out??).

He would be in his element and not move out at all if we went back. Yes I left due to DV, thought it would be easier than going through court to get him out at the time!!

thumpertwinkle

princeofpounds wrote: »

You are looking for an occupation order most probably.

PS I think you have another thread going. Best not to split them and keep all the info in one place.

I know but I wanted the heading to draw attention to people who could possibly give advice here.

bris

If he doesn't move out on completion then you are in breach of the contract and all the buyers expenses are payable by you until vacant possession.


It may not be through your doing but that is of little concern to the buyer.


Does an eviction notice not come with the court order to sell? There may very well be a fast track to getting him out but you really should look into this now, professional advice would be my suggestion rather than a forum.

TBagpuss

You would need to apply to enforce the order for sale. The court has the power to order him to leave but to make such an order a Judge would have to be satisfied that he was deliberately obstructing the sale.

An Occupation order is designed to protect you from violence so would not be the way to go

thumpertwinkle

There is already an order to enforce the sale, I did ask the judge to do an eviction order at that hearing but she said I would have to apply for that separately as she couldn't put that on the enforcement of sale order.

Land_Registry

You refer to him as your ex-husband so I assume you are now divorced.

As such how is the property registered - in joint names or a sole name and if the latter has he registered his rights to occupy the matrimonial home?

This information may assist others on explaining next steps although if you have been to court and they have ordered the sale in my experience if the sale does not go ahead then you go back to court as a result to explain why and the process goes to another level.

Based on the current information and the fact that your buyer is now worried about a 'sitting tenant' I suspect that he has no registered or legal interest any more as in any other circumstance it seems unlikely that a buyer would have got to this stage without being sure of the wider issues involved.