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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34903
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Clare, I'm just looking regarding my legal

Customer Question

Hi Clare, I'm just looking for information regarding my legal stading to ask my ex-wife to move out of the flat we lived in untill our divorse.Her name is ***** ***** any part of the property but she is refusing to move out.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Thank you for your question and for asking for me.
I shall do my best to help you but I need some further information first.
Have any financial applications been made within the divorce proceedings?
Customer: replied 2 years ago.

hi Clare,

sorry for the delay. No there were no financial applications within the divorce. however she was given the right to remain through the land registry. my understanding is that this expired as soon as the final decree was issued in june 2013. please let me know if you need more information.

kind regards Eric

Expert:  Clare replied 2 years ago.
She was not given it by the Land Registry - she simply registered the right she had by virtue of her marriage to you.
That right did indeed end on your Decree Absolute.
HOWEVER what did not end was her right to make a financial claim on the property so you will need to balance you wish to remove her against the risk of her making a financial claim if you take steps to dod so.
If you do decide to go ahead you need to give her at least two months written notice to vacate the flat (in these circumstances this is the minimum a court is likely to consider reasonable)
At the end of that period you can change the locks.
I hope that this is of assistance - please ask if you need further details