Ex partner refusing to leave !!!128555;

FBaby

Unfortunately, the law doesn't consider emotional justice. The fact that he decided to end the relationship has no bearing in relation to what you are both entitled to financially.

You've been together for a long time, so assuming the property is under both your name, and there are no children involved, the expectation will be the joint assets are divided 50/50. Because you are not married, only joint assets are to be shared. If he paid most of the mortgage, he could claim that you are actually getting a good deal being entitled to 50% of the property.

It is horrible when a long term partner decides to move on but unfortunately, you only have the option to accept it and plan your life without him. The property will either have to be sold, or you will have to buy him out if you can afford to do so and he agrees, or he can stay in the property and give you half of the equity. Would you be in a position to buy a smaller property for yourself if he did so?

JReacher1

You say everything is in your name e.g. mortgage and deeds so just move back in, change the locks and throw him out.

If he has paid a contribution towards the house he could then of course pursue legal action.

Comms69

welshlass5 wrote: »

Hi all, brand new to this. Wondering if anyone else has found themselves in a similar situation, my ex partner has decided the relationship is over after 25 years together. It is all totally his decision, so after about three months of trying to work it out he decides it is over. I left to stay with a friend (as he said he was going to leave) to give him time to make arrangements and move out. A month later and no sign of him making any plans to leave and now he tell's me he's not going anywhere unless i give him a large sum of money. He said he has spoken to a solicitor (i have my doubts about that) so i've been trying to do the same today but seem to be getting nowhere fast. Citizen advice have recommended a mediator but i'm fuming that i have to go to all the expense when he's the one making all the demands and threats. The mortgage and deeds are in my name and he is no longer contributing to any bills, can i change the locks?

Yes, but that doesn't stop him having a valid claim - ultimately he could force a sale of the property if the court decides he does have a beneficial interest

hello007007

JReacher1 wrote: »

You say everything is in your name e.g. mortgage and deeds so just move back in, change the locks and throw him out.

If he has paid a contribution towards the house he could then of course pursue legal action.

This makes sense. I don't understand why you just do this consirding the crap he has put you through.. Beonyce's song 'to the left, to the left' (Irreplaceable) comes to mind. He also said he would move out and to him to back track like that is awful. As your on the deeds - surely you should be in charge?

I can understand you don't want to end like this with all the emotions/social status/ relationships involoved. However, surely if it come to it - you have the right to throw him out?
I'll be intrested to know how stand in law.

-taff

It's your house, he's essentially a lodger. You can chuck him out if you like.

He may have a benficial interest int he house, but it's up to him to get a solicitor to start any proceedings about that.
Best thing to do is get a n appintment with a solicitor and see what they say.

martinsurrey

-taff wrote: »

It's your house, he's essentially a lodger. You can chuck him out if you like.

He may have a benficial interest int he house, but it's up to him to get a solicitor to start any proceedings about that.
Best thing to do is get a n appintment with a solicitor and see what they say.

be careful though.

After 25 years together he undoubtedly has a beneficial interest, and if OP kicks him out and changes the locks it would be trivial for him to get an occupation order, and courts wouldn't look favourably on someone (OP) who had taken such heavy tactics as locking the other party out, forcing court action.

OP consider the whole picture not JUST the short term

AlwaysWorking

I would definitely recommend you get legal advice before making any decisions. Around ten years ago I split with my ex. We weren't married but the house was also in his name. He got a solicitor (I had no money for one as I was paying all the bills whilst he spent his money on alcohol and other women) and I ended up paying him MUCH more than he was entitled to in hindsight, something I still bitterly regret.

anna_1977

definitely get legal advice - do NOT move back out though.
I don't know if it's possible but maybe you can serve him with some kind of notice.
First thing is to see a solicitor though

Hope the pooch is recovering well - what an added worry

Comms69

-taff wrote: »

It's your house, he's essentially a lodger. You can chuck him out if you like.

He may have a benficial interest int he house, but it's up to him to get a solicitor to start any proceedings about that.
Best thing to do is get a n appintment with a solicitor and see what they say.

hes not a lodger, he has less rights to reside.


(you cant just chuck a lodger out)


- UNLESS the OP has accepted any money from him whilst she has been staying away. In which case he's a tenant.