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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I lawfully evict my husband from a property I own jointly

Resolved Question:

Can I lawfully evict my husband from a property I own jointly with my business partner? When we moved in it was a multi tenanted property. I moved out 2 years ago and it remained and still is a multi tenanted property. He does not have a tenancy agreement and has been asked to leave with notice on numerous occasions. The property is now sold and the purchasers are pushing myself and business partner to exchange contracts and complete the sale. My husband appointed a solicitor that tried to apply matrimonial rights however couldn't provide evidence and the application has now been cancelled by land registry. All tenants have now moved out as all were given notice however my husband has refused to leave. I have been advised that I can simply enter, change the locks and remove his possession to a safe storage and provide him notice that I have done this. I have also been advised that I do not need a court order to do this. We plan to carry this out tomorrow and have arranged a locksmith and a security company to protect the property 24hrs a day from re-entry until completion. Please advise. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Have you given him written notice to leave?
Clare
Customer: replied 1 year ago.
Verbally and text message on 18th may
Customer: replied 1 year ago.
Verbally and by text on 18th May
Expert:  Clare replied 1 year ago.
Hi
before you can change the locks you need to give him at least two weeks written notice - and a text does not achieve the same thing.
This is because if you do not he can apply for an order allowing him to move back there and it MAY be granted - not will but a good chance if the court feels sorry for him.
Two weeks written notice will remove that risk
Clare
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