Don’t know where to start?!

Comms69

Mimismiffy said:

There has never been any sort of agreement and he has never asked for or received any rent or payment off of her at all. She was just living there, so I supposed she would be classed as a guest?

More than likely yes, for a tenancy to exist there must be a payment, or payment in kind. 

[Deleted User]

Comms69 said:

Mimismiffy said:

There has never been any sort of agreement and he has never asked for or received any rent or payment off of her at all. She was just living there, so I supposed she would be classed as a guest?

More than likely yes, for a tenancy to exist there must be a payment, or payment in kind. 

This has nothing to do with landlord and tenant law. Its covered by the Matrimonial Causes Act which trumps L & T law  

Mimismiffy

Lover_of_Lycra said:

Mimismiffy said:

There has never been any sort of agreement and he has never asked for or received any rent or payment off of her at all. She was just living there, so I supposed she would be classed as a guest?

It’s a marital asset whether she contributed to the cost of it or not and your husband really needs to sort out a finance order for his divorce. I think he really needs to seek legal advice from a solicitor on this one rather than from a bunch of well meaning amateurs on the Internet. 

She’s already agreed that she wants to leave. She has no interest in the house at all. She’s told my husband that she wouldn’t want to take the house or any part of it from him. Just a really odd situation.

Mimismiffy

bouicca21 said:

No financial order at all?  Or the house was not included in one?  

It is absolutely crucial to know which it is.

The house was not included in one.

[Deleted User]

Mimismiffy said:

Lover_of_Lycra said:

Mimismiffy said:

There has never been any sort of agreement and he has never asked for or received any rent or payment off of her at all. She was just living there, so I supposed she would be classed as a guest?

It’s a marital asset whether she contributed to the cost of it or not and your husband really needs to sort out a finance order for his divorce. I think he really needs to seek legal advice from a solicitor on this one rather than from a bunch of well meaning amateurs on the Internet. 

She’s already agreed that she wants to leave. She has no interest in the house at all. She’s told my husband that she wouldn’t want to take the house or any part of it from him. Just a really odd situation.

She has a legal interest in the house by virtue of Marriage. To GIVE UP that interest it has to be sealed by a court by way of a consent order. The Judge looks at consent order to make sure they are FAIR. Giving up all assets to the other person may not be fair in Judges eyes. Also what people say and what people do regarding divorce can differ wildly - so needs sorting 

[Deleted User]

Mimismiffy said:

Lover_of_Lycra said:

Mimismiffy said:

I really hope this is the right place for this! First of all, my husband owns a property which his ex-wife has been living in for the last 10 years. He brought it with the sale of a property that his nan has left to him in her will. They never had any children together so over the years, he has not had too much contact with her. She’s been having some rather dodgy ‘lodgers’ that she claims ‘helps’ pay for the upkeep of the house. He has recently found out for her that the boiler has apparently been condemned for the last two years, there are also other issues in the house and god know what else. She had been keeping this all quiet from him and pretty much doing as she pleases. There was once a fire started by one of these lodger’s kid in the bathroom. Lucky my husband was passing and saw the fire engines. That was the only reason that he knew about that. Luckily there wasn’t much damage. Basically the house is going to wrack and ruin. Before my husband separated and divorced from her, he had done the house up and paid for everything. She’s never contributed towards it or worked in her life. When they divorced he didn’t want the house or a share, just to live there. He has since spoken to her about her about vacating the property because He is now medically retired due to ill health and can no longer work. We also have dependents. He would like to either (depending on condition) live in it, or sell it. She’s agreed that she would go but we don’t know we’re to start with the eviction (not sure that that’s the right word) process. She’s not a tenant because there was never an agreement or rent changing hands. She was just living there. He needs to write out a notice for her to leave but how would he word this? I’ve tried looking up similar situations but can’t find anything. What would she classed as? And how much notice would he be able to give her? Is it 6 months because of the new rules with Covid-19, or something else? Any suggestions or help would be gratefully appreciated. Tia.

How was the house dealt with in the financial order of the divorce? 

There was no financial order made. Because it was inherited it didn’t get put in the pot. She didn’t take any interest in it at all (weirdly). She said she doesn’t want anything from it. 

She’s happy to move on thankfully.

That’s not what your OP says. It says your husband purchased the house using an inheritance from his nan not that he inherited the house. A financial order would cover all marital assets not just the property. 

If the ex is willing to move on what’s the issue although I still think it would be prudent to sort out a financial order for the divorce? 

[Deleted User]

Mimismiffy said:

bouicca21 said:

No financial order at all?  Or the house was not included in one?  

It is absolutely crucial to know which it is.

The house was not included in one.

So there was a financial order at the time of divorce? 

Comms69

Densol said:

Comms69 said:

Mimismiffy said:

There has never been any sort of agreement and he has never asked for or received any rent or payment off of her at all. She was just living there, so I supposed she would be classed as a guest?

More than likely yes, for a tenancy to exist there must be a payment, or payment in kind. 

This has nothing to do with landlord and tenant law. Its covered by the Matrimonial Causes Act which trumps L & T law  

You've lost me on the nuance, can you elaborate?

Mimismiffy

Lover_of_Lycra said:

Mimismiffy said:

Lover_of_Lycra said:

Mimismiffy said:

I really hope this is the right place for this! First of all, my husband owns a property which his ex-wife has been living in for the last 10 years. He brought it with the sale of a property that his nan has left to him in her will. They never had any children together so over the years, he has not had too much contact with her. She’s been having some rather dodgy ‘lodgers’ that she claims ‘helps’ pay for the upkeep of the house. He has recently found out for her that the boiler has apparently been condemned for the last two years, there are also other issues in the house and god know what else. She had been keeping this all quiet from him and pretty much doing as she pleases. There was once a fire started by one of these lodger’s kid in the bathroom. Lucky my husband was passing and saw the fire engines. That was the only reason that he knew about that. Luckily there wasn’t much damage. Basically the house is going to wrack and ruin. Before my husband separated and divorced from her, he had done the house up and paid for everything. She’s never contributed towards it or worked in her life. When they divorced he didn’t want the house or a share, just to live there. He has since spoken to her about her about vacating the property because He is now medically retired due to ill health and can no longer work. We also have dependents. He would like to either (depending on condition) live in it, or sell it. She’s agreed that she would go but we don’t know we’re to start with the eviction (not sure that that’s the right word) process. She’s not a tenant because there was never an agreement or rent changing hands. She was just living there. He needs to write out a notice for her to leave but how would he word this? I’ve tried looking up similar situations but can’t find anything. What would she classed as? And how much notice would he be able to give her? Is it 6 months because of the new rules with Covid-19, or something else? Any suggestions or help would be gratefully appreciated. Tia.

How was the house dealt with in the financial order of the divorce? 

There was no financial order made. Because it was inherited it didn’t get put in the pot. She didn’t take any interest in it at all (weirdly). She said she doesn’t want anything from it. 

She’s happy to move on thankfully.

That’s not what your OP says. It says your husband purchased the house using an inheritance from his nan not that he inherited the house. A financial order would cover all marital assets not just the property. 

If the ex is willing to move on what’s the issue although I still think it would be prudent to sort out a financial order for the divorce? 

Ok, thanks for the advice. Looks like making a visit to the solicitor will be the next step regardless to what she wants to do or not. It’s needs to be sorted. Long overdue 🙂

bouicca21

If there was no financial order then you need to see a solicitor pdq.  As Densol  said this is not about landlord and tenant law at all, it’s about a marital asset.