She's finally divorced with 2 kids (8,11), but she has a problem... her ex husband will not move out of the house. He didn't want the divorce and claims he will stay there until the kids are both over 18 as it's better for the kids. The house is solely in her name (she settled with him for the house in the divorce) and I think she assumed he would go. He can easily financially afford his own place with room for the kids and she is happy to share custody
50/50. While she says he is a good dad he is not pleasant to her and makes the atmosphere in the house when they are both there very unpleasant.
She has taken to spending as little time there when he is there as possible. When he is there he is sulky and rude and she tends to 'hide' in her bedroom/office which is at the back of the house. He has more or less 'taken over' the rest of the house as his own/the kids. She is worried that the kids growing up in that atmosphere will think that is what relationships are like and be badly affected by it. He didn't even want to tell the kids they were divorced and finally she persuaded him to do it but he then subsequently refused so she told them and he then told them something different and called their mother to them.
This has made the atmosphere ten times worse and the kids are now uncertain as to what is going on. She wants him to move out, but everywhere she turns the advice seems to be he doesn't have to. Surely he can't put her through this for the next ten years and potentially mess their kids up as well?
Any advice. Can she evict him? Can she get a court order? Can she sell the house? Or does be have power of veto over all of those too?
Normally in the situation you describe ( namely house in the sole name of one spouse and the other has no legal interest in it ) the non-owning spouse will be entitled to continue to live there by virtue of what are called ' matrimonial home rights ' under s 30 of the Family Law Act 1996.
These rights, however, end on divorce unless the Court makes an order extending these rights - probably not indefinitely, but until the financial proceedings are finally determined.
On the basis of what you say, the wife is likely to be allowed to stay in the FMH
because she has day to day care of the children.
Selling the house before a financial order, though possible in theory, can cause complications. It is possible for a spouse to apply for an occupation order which could, in theory, compel him to leave.
I think I would advise your s2bx that he is very likely to have to leave sooner or later, and he should start looking for other accommodation.
Thanks for the reply. The situation is complicated by the fact that the ex wife is happy for the ex husband to have the kids on a 50/50 basis. He can afford to move out as they are both well off, but I think he is just being obstructive as he didn't want the divorce.
Can I just ask is your statement about his rights to remain ending upon divorce absolutely cast iron as if so she is at the point of forcibly evicting him. She wants the kids to no longer have that atmosphere to grow up in and thinks that whilst not ideal them living 50/50 in separate houses will be a lot better than what they have now.
I think his housing status then is \"excluded occupier\".
It ought to be relatively simple to evict him, though of course theory and practice often diverge. If he refuses to leave she will have to apply to court for the eviction - the court has no option to grant the eviction notice. If he still doesn't leave then the court can appoint bailiffs.
Yes exactly although to be fair to him it does take two to tango, but hand on heart she has been very careful to try and avoid exposing the kids to as little upset as possible which is why she is trying to approach this situation carefully.