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Rights to stay in marital home

  • Secret Whispers
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01 Aug 22 #519732 by Secret Whispers
Topic started by Secret Whispers
Hi!
Does my ex-wife have any right to stay in our marital home until she finds/buys a home of her own?
Background:
We have:
Decree Absolute.
Consent Order for Seperation Agreement.
Have been living separately in the marital home.
Currently transferring property title in exchange for lump sum payment. A simultaneous exchange. Imminent.

  • hadenoughnow
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03 Aug 22 #519744 by hadenoughnow
Reply from hadenoughnow
I don't think so. What does the order say about it?


Hadenoughnow

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03 Aug 22 #519750 by Secret Whispers
Reply from Secret Whispers
Hi!
There's nothing in it referring to our living at the same address.
I could not attach the most relevant part of the consent order because the image file is too big.

The 'Clean Break' date is at the completion of the transfer of property and lump sum. To comply with the consent order this must take place before 19 Sept. 22.
This is how I'm approaching it:
I have advised my Ex. that it's time for her to take responsibility for herself and find somewhere else to live. Reminding her that we have the Decree Absolute, and that she is no longer entitled to live at this address.
She is protesting strongly, citing: She can not buy yet because she can not prove that she has sufficient funds until the property and lump sum transfer is completed.
She refuses to rent somewhere until she buys a property.
The HM Land registry workload is determining the timeline. The transfer application is on the 'HMLR fast track'. It is 'live' and confirmation may happen within the next two weeks. Requisitions for information have been answered. The lump sum will be actioned as soon as possible after. It's ready to go.
I have told her that she should assume that the lump sum will be transferred in time for her to buy a property and move before 19 Sept. 22, and plan accordingly.
Although possible. I doubt that this will be achieved in 6/7 weeks.I'd like to find out if she has a right to stay here and or if I have a right to ask her to leave. If she refuses to go. what do I do?
Thanks and Best regards.

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