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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I am buying my partner out of our home very shortly but

Customer Question

Hi I am buying my partner out of our home very shortly but he has not made arrangements to move out. What if he won't go? He is in the house making little financial contribution . I want him gone but he won't consider renting in the short term. We have a 12 year old child here.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
how much are you paying him?
Clare
Customer: replied 3 years ago.
House is worth about £150,000 and I'm giving him £75000
Customer: replied 3 years ago.
No mortgage
Customer: replied 3 years ago.
I need to go now?
Customer: replied 3 years ago.
It's getting late and my question hasn't been answered?
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay (and you can indeed access this tomorrow or any other time)
How much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
Nothing is outstanding on the mortgage
Expert:  Clare replied 3 years ago.
Hi
Once the property is in your sole name then your ex no longer has any right to live there (assuming that you are not married)
That being the case you can give him "reasonable written notice" to leave (28 days usually) and at the end of that time you can simply change the locks and pack his belongs up for collection.
However it would be a better option to inform him now - in writing - that when the money is handed over you will expect him to move out immediately and that you will be changing the locks on that day.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi if he stays after the money is sorted can I charge him rent? Can I then still give him 28 days notice?
Expert:  Clare replied 3 years ago.
Hi
It would be better not to charge rent if you wish to be able to force him to leave easily in the future.
Having said that if you charge him as a lodger you will still be able to give him notice
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you - I wish i had found you before i spent £400 at a high street solicitor. I feel mush more confident that he will be going soon and that i have control, thank you!

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare