How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35068
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My soon to be ex wife still lives in my house her name is

This answer was rated:

my soon to be ex wife still lives in my house her name is ***** ***** the deeds or mortgage and she has lived in the family home for the past ten years can I serve her with an eviction notice to move out. we have one child together aged 8, we are both in new relationships and our new partners live with us in the house.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When is the Decree Absolute due?

Who will the child live with?

How much is the house worth and how much is outstanding on the mortgage?

What other assets are there

Customer: replied 1 year ago.
we haven't started the divorce yet. we will share custody but jo my ex wife will be classed as primary carer and receive the child benefit for lilly my daughter. the house is worth 110,00 to 120,000 and there is 89,000 outstanding. we have agreed I will keep the house on and will pay her 10,000 as profit from the house by means of a bank loan. there isn't any other assets really to be consider we have gone round the house and split the furniture and such and when she leaves we no what each other will be getting. the divorce wont be a messy one as we are still good friends and understand this is the best solution for our daughter

Is she not actually willing to move out voluntarily?

Customer: replied 1 year ago.
she wishes to get on the council housing list and there for hopes by getting an eviction notice she will do. her and her partner only work part time and cannot really afford privately rented accomdation plus they keep getting knocked back for this reason

Are you aware that a phone call will cost more?

I am afraid that you will not be able to assist your ex in this way.

You cannot evict her until there has been a Decree Absolute or a Financial Order within the Divorce Proceedings - and when you do the Council will say that she should have sought an Order allowing her to remain in the property.

He best bet is to use the money to settle into a private rental and then start claiming Housing Benefit.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you