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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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Do I have the right to exclude an unwelcome person from the

Customer Question

Do I have the right to exclude an unwelcome person from the marital home. Estranged wife has just given some particularly impleasant person a tenancy of some sort to a room in marital home. I use this room and its full of my things but he refuses to move . police say its a civil matter and as house is in exs name I just have to put up with it...
a solicitor told me I can occupy home as of right but things dont seem to be that way in reality. Ex lives elsewhere..for last 4yrs.
mediation is ongoing ... I think this is harassment to get a better deal by driving me out
so she cant have a lodger as shes elsewhere
cant have a tenant as I already am the householder..
Am I missing something. very frustrating.
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.
Is this person a complete stranger to you?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there?
How long did you live together and have divorce proceedings commenced?
Clare
Customer: replied 1 year ago.

person is vaguely known as he was step daughters ex but he isnt really anything to do with me as I'd only met him a few times.. mostly due to ex telling him he could use bed in this room. I told him I used it for my gear which is still in there, includes personal and work items plus furniture so wouldnt be anything more than a bed ocassionally which he agreed to but after he was caught pinching stuff and going in my daughters room uninvited I decided he ought to go but he refused shoved me and waved a piece of paper claiming it was a tenancy agreement. I have yet to see it .... house worth £120k 10 yrs then 4 yrs separated. divorce in process . minimal assets..

She has lived elsewhere for 4 years. I have had lodgers, mates who needed a bed for a few weeks but no one ever had a tenancy agreement and I would never be party to renting out a room in this way. cheers Steve

Customer: replied 1 year ago.

oh yeah.. £4k left to pay on mortgage.. thanks.

Expert:  Clare replied 1 year ago.
Hi
How was the purchase pf the property funded and how old is your daughter?
Clare
Customer: replied 1 year ago.

hi.. house was purchased with wifes inheritance and mortgage. about

1/3 was inheritance.

my daughter is mid 20s but slightly depends on me after cancer treatment.

Expert:  Clare replied 1 year ago.
Hi
Have you offered to buy your ex out?
Clare
Customer: replied 1 year ago.

At least once,,, my g/f was able to raise £90k which was well over the odds but would have saved a load of hassle and money.

Ex said yes but then backed out.

There was another discussion a couple of years ago which came to nothing.

This isnt the issue at the moment really; the divorce is on going and I have a solicitor getting to grips with the settlement.

..

My problem is that I have a bloke living in my home that the ex has given some sort of tenancy to.

I want him out as I cant get on with my life and have been chucked out of part of the house.

I have been told that I should have total occupation rights to the matrimonial home, she moved out years ago. I don't offer my ocassional house guests a tenancy as it would be dumb..

We have a suspicion that the "tenancy agreement" he has is a licence to lodge really and as she is not the householder and not in residence she cant do it.

They refused to show me the agreement.

If he has no right to stay in my home I could change the locks, as the ex has not been resident for years she doesn't really have free access apparently she can keep out as well.. However even if I am correct in this the police are so on their side that I don't stand a chance.

They threatened to arrest me when I tried to stop him locking his room up [ ex told him to ] , this was 2 days after he shoved me about and they were called then.

I am at my wits end, I have cancelled the mediation as I cant access my own home without threat of arrest. My solicitor is useless regarding this issue, the divorce paperwork is all they are interested in..

Cheers, Steve.

Expert:  Clare replied 1 year ago.
Hi
Sorry - do you mean that you are no longer living in the property?
Clare
Customer: replied 1 year ago.

I am staying at gfs for a few days. I cant stay here long anyway as its 50 miles away from home. I have been temporarily driven out.

Expert:  Clare replied 1 year ago.
Hi
Is this because he has actually been violent towards you or just that you are frightened that he will be?
has there been a Decree Nisi yet - if not why not?
Clare
Customer: replied 1 year ago.

He has shoved me and been pinching things off my daughter and going through her stuff.

Divorce is on going.. nisi not done.

I admit I have been tardy but I had such a terrible time when she left me,my father had just died [ anniversary today as it happens ] and my daughter was very ill. Its taken a long time coming to terms with it all.

Ex has been nice and nasty, used me to support her by forcing me to take lodgers then taking all the money. I made the best of it but have been shoved into a smaller and smaller space as I live in a really small house.

My solicitor is saying its my own fault as should have put my foot down but I was really in a vulnerable position, or at least was led to believe this as ex was saying I had no right to live in her house on a regular basis.

I felt I had to do what I was told or face the consequences, usually eviction threats and ocassional violent behaviour directed at household items.

I am and have been on a very low income for years now, didnt work for ages after split up due to my mental state, spent a big chunk of my inheritance from my dad. I couldn't afford solicitors and was scared of annoying the ex as she is so volatile and frankly scarey.

I am still scared but what more could she do now I'm frightened to go home.

Cheers, Steve.

Expert:  Clare replied 1 year ago.
Hi
Who currently pays the mortgage?
Clare
Customer: replied 1 year ago.

hmmm... who can say.. its in her name but I was until recently putting more than enough into a joint acc that was for paying the mortgage. She says this isnt anything to do with the mortgage but as she has now had this acc frozen I couldn't contribute anyway.

As its in her name she would claim to have been paying the mortgage, pocketing any money from the paying guests I have in my home. Apart from a tenner a week to cover bills.

She is profiting from using the house as an easy income and I am left with the bills ..all of them..

latest thing is just her cutting me out of the financial stuff altogether, I have no problem with paying all the mortgage but have been denied the chance now.

Expert:  Clare replied 1 year ago.
Hi
Exactly how far has the divorce reached (this is important for the way forward)
Clare
Customer: replied 1 year ago.

papers served june 1st. hold up due to paperwork issue .. she promised to pay half.. then refused so tried to put in for costs but messed up process.

Customer: replied 1 year ago.

mediation was started but I have had to pull out due to the harassment and being unable to get stuff valued such has house and a few pocessions she wants valued such as a couple of my push bikes and the record collection.. petty and annoying.

I dont have the chance to do this now as I cant go into the house without this bloke trying to provoke me etc..

Expert:  Clare replied 1 year ago.
Hi
So YOU have issued the Petition?
Has she sent back the Acknowledgement of Service?
Clare
Customer: replied 1 year ago.

Yes..

I got conned a bit.. as usual..

Expert:  Clare replied 1 year ago.
Hi
Has she sent in the acknowledgement?
Clare
Customer: replied 1 year ago.

yes... in June.

Expert:  Clare replied 1 year ago.
Hi
have you applied for the Decree Absolute?
Clare
Customer: replied 1 year ago.

not yet

Expert:  Clare replied 1 year ago.
Hi
My apologies - I meant the Nisi?
Clare

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