My ex partner is refusing to leave my house i solely own

AskAsk

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

kazwookie

Move back in.

Ex can then move out

TBagpuss

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

You are right that the house will need to be empty, but not that the partner has the right to live there.

That would be true if they were married, for as long as they were married, but it is not true of an unmarried cohabitant. 

Equally, there is no rule against evicting someone with a child, although the mother might be able to make applications where the child would be relevant.

Pixie5740

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

AskAsk

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

i don't think evicting her and the child is going to be simple as she has lived there for so long and claims she has contributed to the family home through the 20k contribution, so she is claiming a financial interest in the home.  she obviously has been getting advice as what she is doing is very much what is stated on here from the CA and shelter

https://www.citizensadvice.org.uk/family/if-you-were-living-together/your-ex-partner-is-trying-to-make-you-leave

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner

T.T.D

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

The OP will need to obtain an injunction for trespassing.

He has Mount Everest to climb Pursuing this rout.

Trespass would consist of any unjustifiable intrusion by a person upon the land in possession of another

unjustifiable being the operative word, she would not be a simple squatter, a simple squatter has no justification for occupying a property of another…bare this in mind.

When a trespass is alleged in court the trespasser has to justify to the court why they are occupying the property or land, the district Judge decides if she is justified to then remain or not.

What do think the justification is going to be?

Yes that’s right, her justification argument would be that she is the ex partner of the applicant, the applicant and her has a child of young age, she will argue 50/50 contribution to the household such as upgrades modifications and or council tax contributions, food electric gas for the last 5 years, that she must be afforded time to get on the housing register and the council and housing priority lists. 
 

 

Pixie5740

AskAsk said:

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

i don't think evicting her and the child is going to be simple as she has lived there for so long and claims she has contributed to the family home through the 20k contribution, so she is claiming a financial interest in the home.  she obviously has been getting advice as what she is doing is very much what is stated on here from the CA and shelter

https://www.citizensadvice.org.uk/family/if-you-were-living-together/your-ex-partner-is-trying-to-make-you-leave

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner

Why are you sharing the Shelter link that I already provided on page 1 of this thread? I have read it, have you?  

We don’t know what that £20,000 is for which is why I asked on page 1 of this thread. That money might not have had anything to do with capital repayments or capital improvements to the property. That money could have been for utilities, food, nappies, holidays, a complete fantasy in the ex’s head. Even if the ex could establish a beneficial interest in the property that doesn’t give her the right to remain living in the property. 

If she cannot adequately home herself and the child then she can go and the OP could become the primary care giver. 

AskAsk

Pixie5740 said:

AskAsk said:

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

i don't think evicting her and the child is going to be simple as she has lived there for so long and claims she has contributed to the family home through the 20k contribution, so she is claiming a financial interest in the home.  she obviously has been getting advice as what she is doing is very much what is stated on here from the CA and shelter

https://www.citizensadvice.org.uk/family/if-you-were-living-together/your-ex-partner-is-trying-to-make-you-leave

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner

Why are you sharing the Shelter link that I already provided on page 1 of this thread? Have you actually read it yourself? 

We don’t know what that £20,000 is for which is why I asked on page 1 of this thread. That money might not have had anything to do with capital repayments or capital improvements to the property. That money could have been for utilities, food, nappies, holidays. Even if the ex could establish a beneficial interest in the property that doesn’t automatically give her the right to remain living in the property. 

If she cannot adequately home herself and the child then she can go and the OP could become the primary care giver. 

you have missed the point.  i am not saying she can't get evicted but that it is not simple to do so and it will need to go to court to decide, this would take a long time to do.  the OP could not simply call the police and ask them to chuck her out because she has no right to be there as the house is in his name.

she may be able to get some claim from the house even if the house is only in his name, from that link.

matters of this sort, where there is a family dispute, and even if they are not married, they will be considered a family, will make it harder to get rid of her as she is not a stranger or a friend sofa surfing.

Pixie5740

T.T.D said:

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

The OP will need to obtain an injunction for trespassing.

He has Mount Everest to climb Pursuing this rout.

Trespass would consist of any unjustifiable intrusion by a person upon the land in possession of another

unjustifiable being the operative word, she would not be a simple squatter, a simple squatter has no justification for occupying a property of another…bare this in mind.

When a trespass is alleged in court the trespasser has to justify to the court why they are occupying the property or land, the district Judge decides if she is justified to then remain or not.

What do think the justification is going to be?

Yes that’s right, her justification argument would be that she is the ex partner of the applicant, the applicant and her has a child of young age, she will argue 50/50 contribution to the household such as upgrades modifications and or council tax contributions, food electric gas for the last 5 years, that she must be afforded time to get on the housing register and the council and housing priority lists. 
 

 

I never said anything about her being a squatter. I said that after reasonable notice she would become a trespasser in the eyes of the law which is true. The OP doesn’t need a court order to evict her. Reasonable notice and out she goes because as the moment she is a bare licensee. 

Establishing a beneficial interest in a property is possible under the Trusts of Land and Appointment of Trustees Act 1996 if the ex can establish she has made capital contributions to the property, paying for household bills doesn’t count, and for that she would need to take it to court. The OP could have her out of the property long before that ever happens. Besides a beneficial interest does not give you a right to reside in the property just some of the capital. 

Pixie5740

AskAsk said:

Pixie5740 said:

AskAsk said:

Pixie5740 said:

AskAsk said:

for those advising selling the house.  the OP will need to evict his ex-partner and his son from the property first before he can sell the house as it needs to be sold with empty possession.

to evict them will not be an easy matter as they will have the right to live there under law because of the relationship and the fact that they have been living there for so long.  the court will have to be satisfied that the child will have adequate housing before they will agree to an eviction order.

Did you read the information in the Shelter link I provided? She is not a tenant so no eviction order is required. She isn’t even an excluded occupier. Unless she can prove that she had some kind of beneficial interest (no having a child does not create such an interest) then she is a bare licensee. Very easy to evict, no court order necessary, just reasonable notice and then she becomes a trespasser if she remains in the property following the reasonable notice according to Shelter. 

i don't think evicting her and the child is going to be simple as she has lived there for so long and claims she has contributed to the family home through the 20k contribution, so she is claiming a financial interest in the home.  she obviously has been getting advice as what she is doing is very much what is stated on here from the CA and shelter

https://www.citizensadvice.org.uk/family/if-you-were-living-together/your-ex-partner-is-trying-to-make-you-leave

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner

Why are you sharing the Shelter link that I already provided on page 1 of this thread? Have you actually read it yourself? 

We don’t know what that £20,000 is for which is why I asked on page 1 of this thread. That money might not have had anything to do with capital repayments or capital improvements to the property. That money could have been for utilities, food, nappies, holidays. Even if the ex could establish a beneficial interest in the property that doesn’t automatically give her the right to remain living in the property. 

If she cannot adequately home herself and the child then she can go and the OP could become the primary care giver. 

you have missed the point.  i am not saying she can't get evicted but that it is not simple to do so and it will need to go to court to decide, this would take a long time to do.  the OP could not simply call the police and ask them to chuck her out because she has no right to be there as the house is in his name.

she may be able to get some claim from the house even if the house is only in his name, from that link.

matters of this sort, where there is a family dispute, and even if they are not married, they will be considered a family, will make it harder to get rid of her as she is not a stranger or a friend sofa surfing.

You are completely missing the point and clearly haven’t read the information in those links. A court order is not required to evict her nor are the police required.