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how to get partner out of house?

  • hel1984
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29 Jun 12 #339944 by hel1984
Topic started by hel1984
Hi, i am posting on behalf of my mother in law. She has been married to her second husband for about 10 years and he has just told her he wants to separate.
They live in a house which is worth approx £180,000. This is solely in MIL''s name and always has been. The house is now mortgage free. MIL initially put down £60k on the house, this was equity from previous home with first husband. More recently she paid off the mortgage which was approx £30k using money from her work pension when she took early retirement.
The husband says he will not leave the house as he has nowhere to go and MIL can leave if she wants as she has got places to go.
The only places MIL has got to go are to family which isn''t very practical as we all have families of our own. And MIL does not see why she should have to leave her own house.
He has gave her £250 today to cover his half of the bills. This does cover the bills but does not take into account the mortgage he would still be paying if MIL didn''t pay it off.
MIL is finding it unbearable living in the house with him as he seems to be deliberately trying to wind her up to get a reaction. Its like he is goading her hoping she moves out.
Husband owns a house which is used as a student property.
Husband also works full time receiving £20k per year. He receives £800 per month rental income from student property. He does have a mortgage on the student property but probably has around £90k equity.
MIL does not work as she took ill health retirement, she currently receives contribution based employment and support allowance but this is currently under review so may end shortly. She receives a private pension of £450 per month.
Is there any way she can get husband out of the house as she doesn''t feel like she can carry on like this?
She had a first meeting with a solicitor yesterday and they mentioned an Occupation Order but we don''t know much about it, i.e. how much it costs? whether its likely to be granted in these circumstances? how long it would last?
Any advice would be greatly appreciated.

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29 Jun 12 #339972 by cookie2
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hel1984 wrote:

Is there any way she can get husband out of the house as she doesn''t feel like she can carry on like this?

In the short term, no. It is his home just as much as it is hers. It does not matter who contributed what amount of money. They are married and it is the marital home.

In the long term, they can divorce and as part of the divorce they will get a financial resolution which will deal with this issue. If he is not prepared to negotiate a financial resolution on a voluntary basis, she can apply to court to force a timescale.

She had a first meeting with a solicitor yesterday and they mentioned an Occupation Order but we don''t know much about it, i.e. how much it costs? whether its likely to be granted in these circumstances?

No, it is not likely to be granted. She cannot get an occupation order simply because she wants him out. It is his home too. If she could file an occupation order against him, then surely he could equally file one against her?

  • Tets
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29 Jun 12 #339993 by Tets
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MIL is finding it unbearable living in the house with him as he seems to be deliberately trying to wind her up to get a reaction. Its like he is goading her hoping she moves out.


Perhaps this thread may be interesting - "Grubb and occupation orders"

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