divorced sole owner ex won't move out

Moveonasap

I bought my ex council house after being a tenant on my own in that property for 15 years .I got married in 2013 and bought it in 2019. I contributed my discount and my husband paid the rest cash so no mortgage. The deeds are solely in my name which he insisted upon so as I would always have the security of a home. I have continued to pay all the utilities as I did before to which he has never contributed as he put in more money on house purchase. We have just divorced and have received the decree absolute. He is now refusing to leave or move out or let me sell by obstructing viewings etc ..I said I was happy to split the sale money 50/50 with him after we had paid the % discount back to the council as been less than 5 years and I've offered for him to buy me out of half if he wants to stay. Now the divorce is complete He's not willing to agree anything now as he just wants to keep me trapped here financially.  Is my only choice an occupation order now or do I get him evicted. Does he have a legal financial right to half now as he's being so obstructive and won't agree to anything. We had a simple straightforward divorce, he didn't contest I had sole ownership so it wasn't part of the divorce, we have no children together and no joint finances so it was quick and easy and he didn't apply for a 'right to stay 'as matrimonial home with land registry etc.  .. I just want to move on but can't afford to buy him out of his half without selling and he's just refusing to co-operate for me to sell regardless of whether I give him half or not. He has the means to move out and buy somewhere else but just won't as he thinks he can stop me moving on but staying put. He's being so uncooperative I need to know if he is legally entitled to half at all anyway Or can I just sell and get him removed when it all goes through and it's up to me if I give him the half or not.

canaldumidi

What were the terms of the divorce settlement so far as the property was concerned?

doodling

Hi,

A divorce generally has two halves, the act of becoming unmarried, which you have done having received the decree absolute and an agreement about what happens to both your assets, affirmed by a court usually through a consent order.

It sounds like you haven’t done the second half.  Until you do then your ex could make a financial claim on you at any time in the future (or you on him) and it is unclear whether or not he has the right to stay put.

You need to agree the division of your assets and get this signed off by the court. If your ex is being unhelpful then a solicitor may be required.

If you have already got an order from the court regarding the assets then what does it say? It should cover all of both of your assets. Ultimately, if the order clarifies that the house is yours, that you will keep it and your ex will no longer live there then you can probably simply throw your ex out, but paid for legal advice is strongly recommended before you do this.

princeofpounds

The replies above are correct - you need to reach a financial consent order, which determines how your assets will be split.

Separately, there are court orders called 'order for sale' and 'order of occupation' that can force him to move out and/or permit a sale. These can be pursued at any time, but you need grounds to do so - like a financial consent order, or minor children that need somewhere to live. 

Is he legally entitled to half? He's legally entitled to something, and given you have been married for a good amount of time it's probably roughly half, but that can be influenced by many matters. And of course if he also has assets like savings or a pension then you may have claims on those too to counterbalance it. But it doesn't mean he gets to sit in the property forever. 

theartfullodger

You have stated husband paid significant portion of the value (as did yourself & taxpayers).  So he clearly has a financial beneficial interest in the place, yes I appreciate it is in your sole name .  The law recognises such beneficial interests.

It's , you say, in your sole name (as far as Land registry is concerned)  but that's not the same as being sole owner.

Was there some particular reason for him not being on deeds?

You (and him) need expert help on property/family law matters.

Good luck, Artful, 2 divorces, 3 marriages.

Exodi

Sure, he may be staying put because he's bitter about the divorce and just wants to cause a nuisance OR perhaps he believes he has an interest in the property, and is aware that by moving out, he may never realise that interest (you'll obviously be less inclined to sell the house to give him his money back, if you're happily living in it alone).

Exodi

Also, by looking at how long you lived in the house - is it fair to say that you put down approx 45% of the houses value and he put down the remaining 55%?

As you've been married for nearly a decade, I think the fact the house is in your sole name (especially considering the fact he likely put in 55%) is completely irrelevant.

Your somewhat fortunate that you've put in roughly the same amount of money (while he put in 10% more than you, this is counterbalanced by the fact you solely pay the utilities) - as the starting point for a divorce is 50:50 without children.

I certainly wouldn't think about selling the house from under his feet if you haven't signed a clean break or financial consent order

Moveonasap

Thank you for your replies.

 He couldn't contest the divorce so he is being a d*CK on a power trip. Who won't now agree to sell to enable me to give him his half. I can't buy him out without selling and I wouldn't want to stay living here now anyway. He just wants to be as obstructive as he can to stop me moving out and moving on and therefore keep me stuck living under the same roof as him. He could "buy me out" easily in cash at anytime but just won't. He didn't "register his interest "with the Land registry during the divorce waiting period between stages of application, nisi and absolute as " the matrimonial home" and he has no desire to even live here in this particular house. He has the means to move out and buy me out. I have neither.  I divorced him separately to a financial order for this exact reason as if I had done the 2 parts together he would have delayed the actual divorce forever as well. I had no need to do a financial order as I have nothing and I don't want anything financially from him. We agreed to sell the house and walk away with half. 

I will take the legal action I can't afford for a court to instruct him to agree to the sale. 

pinkshoes

Could you not just sell the house in an auction, and make it clear that if his actions cause you to fail to complete, then all legal fees will be deducted from his share of the equity?

House comes with free d*ck on a power trip?

theartfullodger

Perhaps the d*ck on a power trip is viewing: Hopefully we'll all hear both sides of the story.

Best wishes to all.

Moveonasap

There are 2 sides to every story so just for fun here they are 😁

Mine: Got married.Bought a house together.Got divorced.Need to sell house to move on with my life as funnily enough I don't want to live with my ex husband anymore.

His: Got married..Bought a house together. Wife Divorced me. Perfectly happy obstructing ex wife selling the house forcing her to live with me unhappily ever after.

               ....................

Whilst I apply for a court order ...I'll just keep reminding myself I'm "lucky " there is no mortgage so that he can screw up my longtime financial future by  defaulting on any payments. 😉

Over and out folks there really is no more to say but I appreciate you all confirming the absolute mess my life is in 🤣🤣🤣😬