Ex in-laws won't leave house

duncandisorderly01

I am looking to gain sole possession of a house I jointly own with my estranged wife, this would seem normal as we own two homes (both with mortgages) and wife would get the (larger) former matrimonial home.  The problem is that to use the second home I would need to remove my soon-to-be ex-in-laws.  They have lived there rent-free for 8 years and claim they were promised they could live there for "the rest of their days".  I have made no such promise.  If my wife made such a promise without my knowledge, am I bound by it in any way.  They have said they signed a contract saying they would leave if the mortgage wasn't paid - I don't want to stop paying the mortgage and suffer an adverse credit rating, and in any case my wife and her parents have said they cannot find this contract.  They changed the locks earlier this year and have stated that they will not leave.  This property is close to where my children live so would be ideal.  I'm unlikely to be able to afford a suitable property near to my children if I can't solve this issue. Ownership of our combined assets will be decided at our final divorce hearing shortly. Any ideas?

lookstraightahead

I don't know the answer, but I feel yiur pain.

when I split from my OH my ex PIL decided that their son owned everything and they were more trouble than my OH. 

Are they protecting themselves or their daughter?

SeanG79

I also do not know the answer, but I would then say the ex can have the smaller home and live with her family and you take the larger matrimonial home? 

DE_612183

My guess is that the "contract" even if verbal will be backed up by you ex - so I suspect you may have to work on the basis that it will never happen.

As part of the Divorce, normally the starting point for asset splits is 50/50, so I would guess house2 needs to come out of that equation for the time being unless one of you wants to buy the other out and face the legal battle of getting them out which you may lose.

However, this may work in your favour - if House 1 has to be split 50/50 the that might get her to do something about House 2!

This is all conjecture - I don't think you'll get far without a solicitor.

What does your ex say about her parents in a house you want to live in?
Where does she expect you to live if you can't have house 1 or 2?

DE_612183

I also see you had a previous thread on this - so has nothing happened in 12 months?

Right of occupancy — MoneySavingExpert Forum

billy2shots

SeanG79 said:

I also do not know the answer, but I would then say the ex can have the smaller home and live with her family and you take the larger matrimonial home? 

This was my first thought. Then I remembered the OP had kids so it might not be as simple as that depending on hose size. 

Your Ex needs to sort it or you go the legal route where pretty much everything gets split down the middle regardless of who contributed more. 

lisyloo

Do you have any free legal advice available on your ho,me insurance?

Ath_Wat

If I say to you "let's split £20 , 50/50", then I change it for two tenners and give one to somebody else and say "sorry, that was your one, I'm keeping this one" what would you do?

Whatever it is, do that.

macman

They would appear to be excluded occupiers, which means that they have no right to remain if asked to leave.

DE_612183

Ath_Wat said:

If I say to you "let's split £20 , 50/50", then I change it for two tenners and give one to somebody else and say "sorry, that was your one, I'm keeping this one" what would you do?

Whatever it is, do that.

@Ath_Wat - I do so love your response - simple and effective ( and brings a smile to my face! )

DE_612183

macman said:

They would appear to be excluded occupiers, which means that they have no right to remain if asked to leave.

Wouldn't the OP have to live in the property for the in-laws to be EO's?