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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My boyfriends ex partner wont leave his house .how can we

Customer Question

My boyfriends ex partner won't leave his house .how can we start the level ball rolling
Submitted: 2 years ago.
Category: Family Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is Tony, I can assist with this.

tdlawyer :

Do they have children together?

Customer : No havnt any children and not married but she has lived ther for 10 years .its a farm .
tdlawyer :

Okay, then all he needs to do is give her reasonable notice, say 14 days to leave, and then he is entitled to ask her to leave and/or change the locks.

tdlawyer :

He could use reasonable force to remove her after 14 days if he wished to. The longer he gives her the better in many ways, it allows everybody more chance to get sorted, but more importantly, it makes any court highly unlikely to intervene. If he did try and remove her without giving reasonable notice, then there is a possibility that the court would intervene and allow her a reasonable period to remain until she had the chance to look for somewhere else. Usually 14 days is acceptable.

tdlawyer :

There is no set rule about this though, and equally, 7 days could be acceptable too.

tdlawyer :

Does this answer your question today please?

tdlawyer :

If this answers your question please remember to rate the answer for me.

Customer : She was asked about 4 mths ago to find somewhere else to live and just digs her heels in and does nothing .He isn't the kind of man to just throw her out and has offered her money to set her up but she does nothing.
tdlawyer :

Well he needs to get a little tougher with her because there isn't else he needs to do. He could apply to the court for a possession order if he wanted to, but he doesn't need to.

Customer : Ok I will have a word with him and get back to you .many thanks for now .
tdlawyer :

Many thanks!

tdlawyer :

Please remember to rate the answer for me.

tdlawyer :

Please remember to rate the answer for me before leaving.

Expert:  Clare replied 2 years ago.
Hi
If he gives her less than 28 days written notice it is likely that she will be able to apply for an Occupation Order allowing her to return there while she finds somewhere else to live - and for his safety the notice should be in writing
Clare
Expert:  tdlawyer replied 2 years ago.
If you need anything more, do let me know.
Customer: replied 2 years ago.
Hi again she has had the house valued behind his back and says she wants 80/90 thousand pounds to go but she knows that he hasn't that kind off money .how can she make such a claim that she is entitled to any money .she only works part time and hasn't paid for anything in 10 years.
Expert:  tdlawyer replied 2 years ago.

She can demand anything she likes - it doesn't mean she is entitled to it or that she will get it!

He has to stand his ground if he doens't want to pay her this sum (or other sum).

Tony

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
Is the Farm only in your partner' s name?
has she worked on the farm?
Clare
Customer: replied 2 years ago.
Hi.his farther lives in the main farm who is in his eighties with his aunt .They live in a wooden house on a piece of land that Stuart bought on the same farm .I would say what she is wanting is half of the value .she did help his dad abit in the early days to ride out some horses but she wasn't paid .she just won't go .she works part time in a nursing home 25hours but he has paid for everything .many thanks again .
Expert:  Clare replied 2 years ago.
Hi
Then your partner needs to give her written notice to leave - at least 28 days - and at the end of that time change the locks and pack her belongings up
If he wished to be generous he could ensure that he has booked her a Travel lodge for the night
Clare

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