Friends Former Partner Won't Move Out

MoneySeeker1

There is another aspect to this - besides whether she/her children can or can't remain squatting in his house (and I would agree that they, very probably, don't have any legal right to do so).

That is that she's been making comments to him about being entitled to do so because he has more money than she does. That, to me, indicates she basically sees him as a "money tree"/her personal bank account (ie rather than as a person she was supposed to be in a relationship with). With that - that friend of OP's needs to safeguard his money and other assets from her. It sounds like she is the sort of person that would make all sorts of excuses to herself to help herself to this guy's money. So it would be wise to ensure he safeguards his bank account/credit cards/etc - so that she can't go on a spending spree with his money. She does sound very much the sort of person to "grab his credit card and run with it".

AskAsk

i think in these circumstances where the mother is a partner, with children.  it is not as clear cut as you would think to throw her out.  she has residence rights as it is her established home.  to throw her out, the OP will need to seek legal advice as changing the locks may be illegal and you may find the police will ask you to let her and the children back in.

the police and the council do not want people on their homeless list without notice if they have somewhere else to stay.  if the OP has already had legal advice that she can stay and he believes this is wrong then he should speak to another solicitor to confirm whether or not the solicitor is right.  i believe that the solicitor is right and he has not understood fully what he was told.  that he can get rid of her, but he must do so through the courts as she has residence rights, the property being her establised home.

GrumpyDil

I hate to say it but it does looks like it is possible that the ex could apply for an occupation order for up to six months. Given the strange times we find ourselves in you suspect the courts would me more likely to provide the order than in normal times. 
There's some useful info here https://www.rcsolicitors.co.uk/family-law/restrictive-orders/occupation-orders. It's not easy to find the full details out but OP might need to have a talk with a solicitor as the info suggests that she could apply under s36 Family Law Act 1996. Not sure if the info is fully up to date but worth looking into. 

Comms69

Mojisola said:

Comms69 said:

You're assuming the OP is being encouraged to prevent the kids leaving, which isnt what was suggested. Rather that they were free to stay (and by virtue free to leave) for 7 days days.
They can 'direct' whatever they like. And the OP can tell them to go forth and multiply.

And that's likely to end up with the OP down at the police station and the mother and children in possession of the house.

On suspicion of what offence exactly? 

Comms69

AskAsk said:

i think in these circumstances where the mother is a partner, with children.  it is not as clear cut as you would think to throw her out.  she has residence rights as it is her established home.  to throw her out, the OP will need to seek legal advice as changing the locks may be illegal and you may find the police will ask you to let her and the children back in.

the police and the council do not want people on their homeless list without notice if they have somewhere else to stay.  if the OP has already had legal advice that she can stay and he believes this is wrong then he should speak to another solicitor to confirm whether or not the solicitor is right.  i believe that the solicitor is right and he has not understood fully what he was told.  that he can get rid of her, but he must do so through the courts as she has residence rights, the property being her establised home.

They can ask all they want. They cannot force entry. 

There is NO need to go through the courts. It's that simple. 

Comms69

GrumpyDil said:

I hate to say it but it does looks like it is possible that the ex could apply for an occupation order for up to six months. Given the strange times we find ourselves in you suspect the courts would me more likely to provide the order than in normal times. 
There's some useful info here https://www.rcsolicitors.co.uk/family-law/restrictive-orders/occupation-orders. It's not easy to find the full details out but OP might need to have a talk with a solicitor as the info suggests that she could apply under s36 Family Law Act 1996. Not sure if the info is fully up to date but worth looking into. 

It's possible, but very unlikely to be honest. And once she has suitable accommodation (which includes a b n b via the council, staying with friends or family) it's not applicable. 

AskAsk

Comms69 said:

AskAsk said:

i think in these circumstances where the mother is a partner, with children.  it is not as clear cut as you would think to throw her out.  she has residence rights as it is her established home.  to throw her out, the OP will need to seek legal advice as changing the locks may be illegal and you may find the police will ask you to let her and the children back in.

the police and the council do not want people on their homeless list without notice if they have somewhere else to stay.  if the OP has already had legal advice that she can stay and he believes this is wrong then he should speak to another solicitor to confirm whether or not the solicitor is right.  i believe that the solicitor is right and he has not understood fully what he was told.  that he can get rid of her, but he must do so through the courts as she has residence rights, the property being her establised home.

They can ask all they want. They cannot force entry. 

There is NO need to go through the courts. It's that simple. 

https://www.mediateuk.co.uk/can-i-change-the-locks-when-my-ex-moves-out/

Now let’s look at the second pairing:

1. One of you owns the property but you have both been living there together as a couple.

OR

4.   One of you rents the property but the other person was living there with you as a couple.

In such cases, you may be able to change the locks. However if you are married or have been living together for a long period of time, then your ex may also have rights to live in the property. The nature and length of the relationship is not specifically defined under legislation but if you have been living together in a relationship for a few years, then you will usually fall under this law.

The person who has moved out may have rights to live in the property and if you take steps to stop them doing that then they may apply to the court for an order to regain entry. The court could even order that they remain in the property whilst you are excluded!

So there are very few circumstances following a relationship that you can legally change the locks to your property, without any repercussions. So what can you do?

Comms69

AskAsk said:

Comms69 said:

AskAsk said:

i think in these circumstances where the mother is a partner, with children.  it is not as clear cut as you would think to throw her out.  she has residence rights as it is her established home.  to throw her out, the OP will need to seek legal advice as changing the locks may be illegal and you may find the police will ask you to let her and the children back in.

the police and the council do not want people on their homeless list without notice if they have somewhere else to stay.  if the OP has already had legal advice that she can stay and he believes this is wrong then he should speak to another solicitor to confirm whether or not the solicitor is right.  i believe that the solicitor is right and he has not understood fully what he was told.  that he can get rid of her, but he must do so through the courts as she has residence rights, the property being her establised home.

They can ask all they want. They cannot force entry. 

There is NO need to go through the courts. It's that simple. 

https://www.mediateuk.co.uk/can-i-change-the-locks-when-my-ex-moves-out/

Now let’s look at the second pairing:

1. One of you owns the property but you have both been living there together as a couple.

OR

4.   One of you rents the property but the other person was living there with you as a couple.

In such cases, you may be able to change the locks. However if you are married or have been living together for a long period of time, then your ex may also have rights to live in the property. The nature and length of the relationship is not specifically defined under legislation but if you have been living together in a relationship for a few years, then you will usually fall under this law.

The person who has moved out may have rights to live in the property and if you take steps to stop them doing that then they may apply to the court for an order to regain entry. The court could even order that they remain in the property whilst you are excluded!

So there are very few circumstances following a relationship that you can legally change the locks to your property, without any repercussions. So what can you do?

Mediate UK do not make the law. 'May', 'May', 'May'. There is no offence of changing the locks. 

You are posting this as if it is a guaranteed fact. IT IS NOT