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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife left her husband 5 years ago divorced him 2 years ago

Customer Question

my wife left her husband 5 years ago divorced him 2 years ago he stayed in the property which they own jointly there has been no offers for the house since it has been on the market he agreed to let the house then informed the agents when there was interest that he had changed his mind without consulting my wife he has not made any attempt to gfindalternative accomadation and refuses to reduce his livestock he has on the land is there any way we can get him off the property or even live there ourselves
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Was financial agreement reached at the time of the divorce?
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

yes financial agreement was agreed the house to be sold and equal share to both parties the property is on the market for 430k there is no mortgage the house is paid for

Expert:  Clare replied 3 years ago.
Hi
Is that a reasonable price to ask for the property - what do the Estate agents say needs to be done to secure a sale?
Claire
Customer: replied 3 years ago.

yes we have dropped the price from 620k they say the market is quiet

Expert:  Clare replied 3 years ago.
Hi
Can you afford to buy him out?
Claire
Customer: replied 3 years ago.


no

Expert:  Clare replied 3 years ago.
Hi
Sorry I should have asked - who is paying the outgoings on the property?
Claire
Customer: replied 3 years ago.


he is

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that there is no basis on which you can force him to leave the property - unless you can prove that he is taking active steps to thwart the sale.
If you can prove this when there is next interest then your partner can apply to the court for an order that her ex vacates the property so that she can handle the sale.
Whilst your partner can return to the property whenever she wishes you woudl only be entitled to be there when she was also there which could be a problem!
Claire
Customer: replied 3 years ago.

thank you can we make him rent the property or put it up for auction

Expert:  Clare replied 3 years ago.
Hi
You cannot force him to rent the property out - but an auction sale is indeed a possibility - although your wife will have to apply to the court to vary the existing the order to allow for this
Claire
Customer: replied 3 years ago.

thanks for your help last question is there any timee limit for him to vacate

Expert:  Clare replied 3 years ago.
Hi
He will have to vacate when the property is sold
Claire

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