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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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My friend is going through a divorce and currently resides

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Hello there- my friend is going through a divorce and currently resides in the marital home. My friend let her daughter and 2 grandchildren and daughters boyfriend move into the house while they were looking for a property (she didnt want to see them struggling while she has a house with a room she can offer). Her daughters boyfriend has become extremely anti-social, damaging the house, breaking cupboards, punching walls, damaging my friends vehicle and host of other unacceptable behaviour. My friend has asked her daughters boyfriend to leave but he says she cant tell tell them to leave because its not her house. Is my friend within her rights to ask the boyfriend to leave?
JA: Where is your friend? It matters because laws vary by location.
Customer: In the UK. Thank you.
JA: What steps has your friend taken so far?
Customer: She asked him to leave last night. And has told him again this morning he needs to be out by 6pm this evening.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that i can think of?

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What does she mean 'its not her house'?

is she prepared to call Police?

and do they pay anything?

Customer: replied 15 days ago.
I believe this stems from the fact that my friend is not on the mortgage for the property- the mortgage is in the sole name of your estranged husband. She is prepared to call the police because of the historic shows of violence. They do not pay anything- my friend thought she was helping them out while they found their own property, so it was only meant to be for a few weeks. They have been there maybe a couple of months- or somewhere in that region.
Customer: replied 15 days ago.
I am at work and wouldnt be appropriate to take a phone call. i just would like to know if she has the right to ask the boyfriend to leave?
Customer: replied 15 days ago.
She is asking her daughter and grandchildren to leave, just the boyfriend.
Customer: replied 15 days ago.
Apologies- she ISN'T asking her daughter and grand children to leave. Sorry terrible typo!!
Customer: replied 15 days ago.
Hello? Are you still there?

If he is damaging things then it’s a matter for the police.  Criminal damage.

Your friend would be perfectly entitled to simply lock the boyfriend out provided he doesn’t pay rent.

If she does that and he becomes troublesome, call the police.  999.

It is the marital home and she is free to come and go as she wishes and she has as much right as her husband does even though the property may not be in her name.  The boyfriend clearly needs to take better legal advice

Your friends can call the police if he will not leave and they may or may not get involved.  They shouldn’t get involved to be frank because this is not a criminal matter except with regard to the damage although you can get them to attend is likely to start being very awkward which is not going to do him any good.

She could tell him that if he does not agree now, this minute, to leave by 6 PM, she is going to call the police now with a view to having him prosecuted for criminal damage in respect of the car and the cupboard and anything else.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Thats very helpful. Thank you very much.