Legal Question in Family Law in United Kingdom
i have been out of the family home for two years i am now divorced but my ex wife still lives in the house and i am still paying the mortgage untill it is sold can i make her leave so we can rent it out and can get some income we have no dependant children
1 Answer from Attorneys
This is a totally unsatisfactory situation. Your marriage has been dissolved but financial issues have not been dealt with. The financial ties and obligations from the marriage continue and these have to be disposed of by way of an order of the court.
It would seem that you will need to obtain an order for the property to be sold with you having charge of the sale and to be paid an occupation rent until it is sold. If this can be agreed with your former wife you will be able to obtain a consent order. Otherwise you will have to proceed with the financial claims in the divorce petition. At present there is no incentive for your former wife to do anything as she is living rent-free and you will have to take the initiative.
Let me know if you need any further help.
Andrew Dutton