Evicting parents from annexe post divorce

Davegooglyeyes2

hi hi I have a complicated situation would really appreciate some advice. My ex wife and I own a 600k house with annexe attached. Her parents gifted us 150k when we purchased the house so we could build them an annexe. Several years later she committed adultery and we separated. I moved out and am renting a a room nearby. She filed for a quick online divorce and within 10 months of separation she remarried her lover and moved him in. After refusing mediation and any attempt to address our finances I took the matter to court to force sale of house which is still going to take a long time yet as she is refusing to move but can’t afford to take me off the mortgage or buy me out. Her best offer so far is £50k cash now (funded by her parents as she is in a lot of debt) and I have to stay on our joint mortgage (£150k) for at least another 2 years. We have one teenager and one adult child that lives with her. 

I am keen to get the house on the market as I cannot move on at all or house myself apart from renting a room and my kids can’t stay overnight with me either. She won’t budge on anything  hence court plus if the house is sold  I have already offered her parents their gift back to rehouse themselves as gesture of goodwill. 

My question is could I serve her parents an eviction notice so I can move in the annexe until house is sold or force ex wife to want to sell if I am in annexe? They are not on deeds of house and no tenancy agreement or anything in writing. After 28 days can I change locks and move into annexe? Put a lock on internal door between house etc.? I just think if ex accepted she has to sell and buy another place with her new husband things might progress a bit quicker in settling finances. 

Many thanks 

lisyloo

You cannot prevent your ex from entering the annexe if she is a joint owner.
she would be entitled to break in and hold you liable to the costs if you change the locks.
She would be entitled to sleep in the beds, use the bath, shower etc.

Are you getting proper advice?

Mark_d

Your wife is joint owner and she has a teenager living there, so I think you might have difficulty getting your ex-wife to sell/move-out of the house.  I suggest you need to talk to qualified professionals in divorce law

Voyager2002

Your idea is crazy.

You are joint owner of the house, so you have a right to live there. Perhaps that would encourage your ex to look for somewhere else to live.

GDB2222

I agree. Move back into your house. 

Why didn't this get sorted out as part of the divorce?

Stateofart

Voyager2002 said:

Your idea is crazy.

You are joint owner of the house, so you have a right to live there. Perhaps that would encourage your ex to look for somewhere else to live.

Always helps to focus the other party on dealing with this properly.

TBagpuss

I agree that moving back into the main houe is likely to be more practical than the annex.

If it goes to court, it may well be that her parents will assert  beneficial interest in the property on the basis that thye provided money to build the annex on the basis that thet they would be able to live then long term - they may  need to become intervenors in any court proceedings and anything paid back to them might exceed £150,000 depending on the value added to the proeprty by the annex etc.

Of course, if you were to move back into the hosue you could at that point *offer* to move into the annex if she and her parents preferred that,and for her parents to saty in the spare room in the hosue. 

Whether or not you and she can eveict them at all will depend on the terms of their occupation  - it's possble that they are tentnts with all the attendant righs, it's also possibe that they will assert a beneficial claim, you will definitely need proper, poressional advice. 

It may well be that a court will ultimately order a sale - the fact that you have a teenagert living in the proeprty doesn't mean the proprty can't be sold - the needs of any minor children is a major consideration but their need is for a stable home, it doesn't have to be the same hosue as they are currently living in. 

_Penny_Dreadful

Davegooglyeyes2 said:

hi hi I have a complicated situation would really appreciate some advice. My ex wife and I own a 600k house with annexe attached. Her parents gifted us 150k when we purchased the house so we could build them an annexe. Several years later she committed adultery and we separated. I moved out and am renting a a room nearby. She filed for a quick online divorce and within 10 months of separation she remarried her lover and moved him in. After refusing mediation and any attempt to address our finances I took the matter to court to force sale of house which is still going to take a long time yet as she is refusing to move but can’t afford to take me off the mortgage or buy me out. Her best offer so far is £50k cash now (funded by her parents as she is in a lot of debt) and I have to stay on our joint mortgage (£150k) for at least another 2 years. We have one teenager and one adult child that lives with her. 

I am keen to get the house on the market as I cannot move on at all or house myself apart from renting a room and my kids can’t stay overnight with me either. She won’t budge on anything  hence court plus if the house is sold  I have already offered her parents their gift back to rehouse themselves as gesture of goodwill. 

My question is could I serve her parents an eviction notice so I can move in the annexe until house is sold or force ex wife to want to sell if I am in annexe? They are not on deeds of house and no tenancy agreement or anything in writing. After 28 days can I change locks and move into annexe? Put a lock on internal door between house etc.? I just think if ex accepted she has to sell and buy another place with her new husband things might progress a bit quicker in settling finances. 

Many thanks 

Doubtful that you could legally evict your ex-wife's parents.  The parents are either occupiers with basic protection or excluded occupiers because there is a resident landlord.  The resident landlords being your ex-wife and her new husband, not you so any attempt to do what you are proposing would likely be a criminal offence.