Hi my ex and I am have been officially divorced in 2020 and we have a home that I bought in 2017. after our divorce, I wanted to sell the house and give her 50 50 but she didn't want me to sell coz we have a 12-year-old son but instead saying that she will move out. She also gave it in writing to the CPS (Child protective services) that she will be moving out. To date, she hasn't moved out and is very interfering and abusive with bad language and recently made a threat saying "see what I will do to you". There are previous police reports of her violence towards me. She has been jailed overnight on 4 accounts of drunk and violent. I don't want her to live in this house anymore I want her removed from my house. I am the only person paying for the mortgage, council tax, etc. Her name was on the mortgage but now the bank says I am eligible to have the mortgage in my name only. can I get her name removed from the property documents as I have proof on messages and CPS letter that she will be moving out? She still stays in the house and drinks and interferes a lot in my personal life. Also in the Decree Absolute, it mentions (b) any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will. Please advise, Thank you
If she is joint owner, she has every right to be there unless her behaviour is such that an occupation order would be appropriate. The bar is set very high with an occupation order so be aware that, if contested, it may not be granted.
The only way to resolve this properly is a legally binding financial order. If ownership of the property was transferred to you, a lump sum would be needed to buy out her share.
If you have a child between you, have you agreed the child arrangements? Usually whichever party has the majority of care would have a better argument for staying in the former matrimonial home if affordable.
There has been 4 cases where she was taken for domestic violence. Now there are more problems where she interferes when I correct the child she get abusive to me. even my 20 year old daughter speaks disrespectfully to me when I told her no boys in her bedroom or staying over. She says her mother is part owner too so she can do what she wants. ex speaks to her family or friends on the phone she speaks bad things about me using language too talking about my personal life etc. can I still do something to get her to move out.