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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8974
Experience:  Barrister at law
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My boyfriend and i have split up and he will not move out of

Customer Question

hello, my boyfriend and i have split up and he will not move out of the property. My son and i have moved out and into my mum's. The house is in my name. Can i do anything to make him leave?
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: I haven't taken any steps
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am in Rochdale, Greater Manchester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm not sure? It is my mortgage and my name on the deeds but he has contributed 50/50 to the costs and we bought the house together
Submitted: 6 days ago.
Category: Family Law
Expert:  plclegal replied 6 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Let me review your question, I’ll get back to you as soon as I can.

Expert:  plclegal replied 6 days ago.

I have to ask, has he been abusive or threatening to you/ your son?

Also, are you looking to sell the property or perhaps buy him out of his ‘share’ given that he paid half?

Customer: replied 6 days ago.
No he's not been abusive or threatening. Yes it's my intention to buy him out and have been speaking to mortgage advisors today
Customer: replied 6 days ago.
Is there some sort of official letter I can send him asking him to leave if I pay him some of what he would be owed in a buy out?
Expert:  plclegal replied 6 days ago.

Thank you for confirming.

Whilst he has no legal interest in the property given that it is in your name only, he has what is known as an equitable interest and you clearly acknowledge he has contributed equally to the property. Though an equitable interest does not give him the right to live there necessarily (in that he may have to apply to court for this right to be recognised given that the house is in your name) it does give him the right to his share of the proceeds/ equity.

For example, if you attended the property and asked him to leave, and he refused, you could call the police - it’s your house and is in your name. I imagine they would ask him to leave.

You could consider an occupation order as a last resort, though there has been no domestic abuse, there are competing rights of occupation at stake here and your son’s needs are combined with yours. The only weakness in this approach is that you have a temporary alternative in your parent’s home. If he has no alternative then this goes in his favour. Occupation orders are also only ever short term measures, you need the long term solution which is hopefully to buy him out.

If you intend to buy him out, then you can put your offer in writing inviting him to accept this and give up possession of the property to avoid a costly court case for which he will be held liable for the costs of, given that you have made a fair offer to buy him out.

There’s no formal template for this sort of letter, but if you search for a pre-action protocol letter you can base it loosely on that template/ format.

Is there anything more I can clarify for you?

Customer: replied 6 days ago.
He has other places he can go and live which would be more practical for him than it is for me. That's all really helpful. thank you
Expert:  plclegal replied 6 days ago.

My pleasure.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!

Customer: replied 6 days ago.
could i ask your surname just for reference?
Customer: replied 6 days ago.
is there any template you could share with me for this?
Expert:  plclegal replied 6 days ago.

There is a template for a general letter before action here, your case is not a small claim but if you follow the same format it should help you set it out correctly:

I can’t give my personal details I’m afraid.

Customer: replied 6 days ago.
Thank you i appreciate it
Expert:  plclegal replied 6 days ago.

My pleasure.