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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 34860
Experience:  Barrister at Self Employed Barrister
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I have a property jointly with my husband, not our family

Customer Question

Good Morning
I have a property jointly with my husband, not our family Home that’s separate a little two bed that was bought to rent out years ago, we are now getting divorced and his daughter lives in this house and has done for nearly 6 years, we have no tenancy Agreement and she has never paid rent, the family Home is now on the market and when it’s sold I’m looking to move into this little 2 bed, She was quite ok about this as they were looking to buy a new build but they have been declined twice, why I don’t know but she is now refusing to move out she has a two year old, I’m not sure where I stand or what to do
Submitted: 10 months ago.
Category: Property Law
Customer: replied 10 months ago.
I have told her I’m going to inform her by letter giving her 8 eeeks notice to vacate the property
Expert:  ivorylounge replied 10 months ago.

Yes they are there in your property as a guest or basically a lodger. You have given them notice from what you have said and you are perfectly within your rights to change the door lock at the end of this time and basically evict them . You should of course preserve their belongings and give them an opportunity to reclaim same. Happy to discuss and please rate 5 stars for my time.

Customer: replied 10 months ago.
But like I said my husband her father owns half the house what happens if he contest it which I’m sure he will
Expert:  ivorylounge replied 10 months ago.

I would start by indicating to your husband that for the divorce finances to go through this needs to be resolved and as such she needs to be evicted. Otherwise you could go around in circles, you evicting her and him letting her back in. What you should do is through the divorce proceedings get it in writing (either with him or a court order) to confirm that you own the property now and you can evict her on that basis.

Expert:  ivorylounge replied 10 months ago.

Hello I see that you have looked at the answer. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks