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Can I Evict My Ex (no financial consent order)?

  • SallyMac
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06 Aug 17 #495212 by SallyMac
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Hi all,

My ex refuses to sign the Consent Order. he is deliberately being obstructive, arguing over previously agreed terms and using every excuse not to sign. I have had it with behaviour and having to tread on egg shells just so the orders signed - I've practically agreed to all the things he's ask for.

Now that I've received the Decree Absolute and we're officially divorced can I evict him? What if any are appropriate grounds? The property is in my sole name and I have made all the bills and mortgage payments though since we separated he has been contributing £300 per month for utilities. Both children reside in the property - 1 minor.

Thanks in advance!

  • WYSPECIAL
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07 Aug 17 #495218 by WYSPECIAL
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If he doesn't want to agree to the order then there is no consent. Ultimately the Court will make a decision as to how things will be divided if you can't agree.

Did he register matrimonial home Rights?

How far down the line towards a final hearing are you? It may be quicker and easier to concentrate on that.

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07 Aug 17 #495221 by SallyMac
Reply from SallyMac
HI,

Thanks for your response.

My decree absolute was issued on the 8th of June 2017. I filed on the basis of a 5 year separation so it did not require his consent (though it's complicated as we reconciled briefly after Decree Nisi which is why he is back in the house.)


I used the service here to get a financial consent/Clean Break order prepared so I could submit to the court, before the decree absolute was issued but he's been messing me about since.

As far as I know, he has not registered "Matrimonial home rights" in fact, I had never heard of this actually, but having looked a .gov.uk it implies if he has, he can stay until there is a financial order/settlement ...which he refuses to sign so the options definitely open to him.

To be honest, I strongly feel my ex's intention is to frustrate rather than claim property which is why for my own sanity I need him to out!

Like many others, my only issue is money which is why I have not engaged a solicitor.

  • Bubblegum11
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07 Aug 17 #495223 by Bubblegum11
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Although you may not be able to afford a solicitor, it might be worth getting some one off advice on specific matters. I'm not sure what his rights to occupy are or if you have the power to evict him. But if his intentions are to frustrate matters, I would seriously consider making an application to Court for financial remedy. That would force a settlement one way or another and give you the closure and new start you now need.

  • SallyMac
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07 Aug 17 #495224 by SallyMac
Reply from SallyMac
Thank you very much indeed! Will look into the financial remedy option!

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