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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am recently divorced, wife has just left marrital home, trying

Customer Question

I am recently divorced, wife has just left marrital home, trying to sell or rent property so she still has a financial interest, I have one if two adult sons at home who have never contributed towards house expenses , one has never had a fulltime job fir more than a month he is 27' the other is now working is 22 the divorce was acimonous I want to evict both sons, they do not pay rent or any other costs, can I proceed for eviction
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
What financial settlement has been agreed regarding the property?
Clare
Customer: replied 2 years ago.

My wife has registered a financial interest in the property we agreed to split proceeds 50/50 after property is sold
Customer: replied 2 years ago.


We had a quickie uncontested divorce, she signed a letter stating that she would not make any further claims in future
Customer: replied 2 years ago.

I had assumed , that for adult children who did not pay rent were classed as guests from a legal perspective, with no rights!
Expert:  Clare replied 2 years ago.
Hi
Will your ex object to you forcing the children out?
Clare
Customer: replied 2 years ago.

She has left , but yes I am sure she would , but at 22 and 27 they are not children anymore
Expert:  Clare replied 2 years ago.
Hi
Oh how I agree with you..
The problem is that your ex is still a joint owner of the property and she could cause a problem.
However the starting point is to give your offspring "reasonable written notice" to leave.
That should be at least 28 days - although I would suggest 56 days to avoid any risk of a court feeling that four weeks was not enough in the circumstances
At the end of that period you can change the locks and pack their belongings up for collection
This is where your ex could be a problem.
She is entitled to insist on a key - and she could then give them the key to re-enter.
You can force them to leave whilst you are in the property - but would struggle to get a court order barring them from being there - at their mother's invitation if not.
However it may be that your ex will be more anxious about getting the property sld!
Please ask if you need further details
Clare

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