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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 8036
Experience:  Dual qualified Solicitor and Attorney
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I share a house with my X wife in Birmingham, she was

Customer Question

I share a house with my X wife in Birmingham, she was renting the house and kept all the rent for herself since 2018. After divorce and to get the maximum financial benefit she moved with our children to Egypt where I have, by the law, provided her and the children with a permanent accommodation, I cover all their expenses till they are 21, in addition to her personal alimony, without any financial responsibility on her.
I have sent an eviction notice already to the current tenant.
I have 2 questions now, as I moving back to UK can I stay in the house after evicting the tenant, and how should I claim my share in the rent for the last 3 years?
Submitted: 17 days ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 17 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. That said, whilst I endeavour to provide a fast response, responses may not be immediate as this is a question and answer service not an instant chat service.

Expert:  Jeremy Aldermartin replied 17 days ago.

Yes you can stay in the house after evicting the tenant. In terms of a claim for the rent over the last 3 years, as this has been being paid to your wife, you would need to take legal action against her. That said, as she is based in Egypt you would want to bring legal action there so as to have an enforceable judgement.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 17 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 17 days ago.
just to clarify if I stayed in the house which is under our joint names, she will not be able to ask me to pay any rent or to evict me. Given the fact that I have already offered her a permanent residence in Egypt with the children till the youngest is 21.
Expert:  Jeremy Aldermartin replied 17 days ago.

She cannot ask you to pay rent and she cannot evict you as such unless she applied to the courts for permission to sell the property so she can get her share of the equity. I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 17 days ago.
Sorry last question, can she apply for this even I provide her with an alternative accommodation and I still need the house to stay in.
Expert:  Jeremy Aldermartin replied 16 days ago.

Yes she could. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.