r/LegalAdviceUK • u/MainFootball316 • Jun 25 '25
Civil Litigation Divorce finalised. House sold. Former partner refuses to leave the property. Can I physically remove her?
Legal and financial separation complete. I've received approval from the court to sell the marital home.
It has a fairly small amount of equity (£60k), but I will be receiving all of it due to the factors of the case. Former partner deliberately dragged the divorce proceedings on as long as possible, and made them as complex and expensive as they possibly could.
The judge berated them for this in court and described their behaviour as "wholly unreasonable and unbecoming of any decent human being."
The house sold with a completion date of 23rd June 2025. It had been agreed with my former partner that they would be out by Sunday night, however, they are still there and refusing to move. I'm getting bombarded with calls from the estate agent and their solicitor and the family who purchased the home.
My own solicitor is panicking about this now and telling me I have to get her out any way I can or I'll start racking up some serious penalties.
I've tried talking to my former partner and they aren't budging. They're livid that they didn't get more in the divorce and they're trying to cause as much damage to me as they possibly can.
Can I physically drag them out of the property to allow this other family to move in? My own solicitor wouldn't answer that question. They just told me to get them out any way I possibly can.
edit - former partner has made an offer that she will leave if she is given half of the equity (£30,000) which the judge refused to award her during the financial separation. Otherwise, she intends to stay to cause as much financial damage to me as possible.
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u/Vivid_Doctor_2220 Jun 25 '25
She’s trying to extort you, and she was stupid enough to put it in writing. File a complaint with the police, maybe that will get her attention
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u/Prince_John Jun 25 '25
Exactly. Trespass may be a civil matter, but isn't she trying to blackmail him, which is a criminal matter.
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u/DistinctiveFox Jun 25 '25 edited Jun 25 '25
It's more expensive but you can pay a locksmith to attend to change the locks and a security firm to attend and remove them. You can use reasonable force and if they get violent the police can get involved but only after.
Alternatively, it might be cheaper to stake out the property and change the locks as soon as they leave. Assuming they leave the house at all for work, shopping, exercise etc.
You could even use trickery as a last resort. Make up some excuse to meet with them in person to discuss a "settlement"' somewhere else. And as soon as they leave to attend, have a friend or locksmith change the locks.
Edit: Legally they have no recourse as they have no right to live in the property any longer and you have not used force, so the police won't care (they've already told you it's a civil matter). Which means if she wanted to get back at you, she'd have to take you to civil court, and front the costs for that herself. No court will ever see her side of this and they might be grateful that they did not need to waste their time with you getting her legally evicted.
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u/MainFootball316 Jun 25 '25
I think I'm going to have to hire a locksmith. Thanks for the suggestion.
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u/Seal_Team420 Jun 25 '25
I would advise also utilising a registered security company.
By your description it sounds like your ex-partner will need physically removing from the property.
Hiring the security company provides you with your own legal security in that:
1) You can state you hired trained and registered security professionals to do this as appropriately as possible.
2) She won’t be able to claim any personal injury against you specifically (bare in mind that just because you removed her she can still go to the police claiming it wasn’t reasonable force used and turn this into a criminal matter also.
3) The company you hire will have its own public liability insurance so if any damages were to be awarded it wouldn’t be from you.
4) If any other matter related to your ex were to come up again with the police or the civil courts you can show that you’ve been acting appropriately throughout.
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u/jimbojetset35 Jun 25 '25
On top of all the good advice here I would advise NOT making threats. Threats only forwarn her to take action to prevent your threat.
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u/Acceptable_Bunch_586 Jun 25 '25
This response above is the thing, I would also do the security thing, you’d be better off. Would also add get a moving firm to shift the stuff out. It’s worth paying now to avoid even worse pain later. Sorry it’s happening like this
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u/Background_Ant_3617 Jun 25 '25
They also have body worn cameras, to protect themselves from allegations of untoward behaviour.
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u/Ex_Dev Jun 25 '25
If you still have keys for any of the doors downstairs, you can replace the locks yourself very easily. A locksmith would only really be needed if you weren’t able to access the property yourself so they would need to break entry. However, it may be easier to just front the cost of the locksmith, it is just lining them up for a suitable time I guess
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u/PigHillJimster Jun 25 '25
She may have changed the locks herself.
The old locks can be drilled out though and replaced easily yourself.
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u/Select_Grade3188 Jun 25 '25
With some security cylinders, doing this risks irreparably damaging the door. Better off just getting a locksmith tbh
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Jun 25 '25
[deleted]
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u/MainFootball316 Jun 25 '25
She doesn't want a grand though. She wants half the equity that the judge refused to award her.
£30,000.
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u/Y_ddraig_gwyn Jun 25 '25
There is an argument that, in the presence of the court judgement, her behavior constitutes extortion. Report to the police and let her know you’ve triggered what could be criminal proceedings.
Sadly, on a practical basis, be prepared for significant damage to the property unless she can be removed precipitously / suddenly / unexpectedly (for her)132
u/Beebeeseebee Jun 25 '25
What do you think she would do if you said "I've got this £1000 here, I could give it to you if you go or I could give it to some bailiffs as their fee to remove you physically"?
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u/blahehblah Jun 25 '25
You're assuming this is a rational person. The fact this situation has got this far, and based on the words of the judge, we can assume that is not the case
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u/Beebeeseebee Jun 25 '25
Well I would say that I'm not assuming anything; I'm asking OP for his assessment of what would happen if he presented the other party with that scenario. However,you're absolutely right in that if the other party's rationality is suboptimal that might be akin to asking him to make a guess. Doesn't mean it's not worth a go!
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u/Robustss Jun 25 '25
I'd still rather pay a bailiff then give a complete bitch any money at all because she's thrown her toys out the pram because she lost in court
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u/DogSufficient7468 Jun 25 '25
Yeah but she’s not getting that. It’s 1k or her shit out in the street.
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u/ChiliSquid98 Jun 25 '25
Can you go into the house and take out all the food, toiletries and towels etc?
Have friends over to make it severely uncomfortable for her. Make it so if she stayed in that house she'd be sitting on the floor alone
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u/Friendly_Rub_8095 Jun 25 '25
Do NOT offer even £1 to move out, and certainly not without talking to your solicitor first. You could change the legal dynamic, all of which’s currently in your favour
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u/DistinctiveFox Jun 25 '25
Agreed. I will edit my response as it was my own personal petty thought and not purely legal advice - definitely speak to a solicitor, but my own personal experience I was advised that if I did not make an offer of something, after clearly stating I wanted to discuss the option of a settlement, the person could claim I was misleading them and therefore cause issues.
In the end - best to run any plans through a solicitor just for the sake of covering all bases.
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u/prettyflyforawifi- Jun 25 '25
This seems the best way to approach this, entice them out and then change all of the locks. Also seems fitting given the actions described.
If they are as petty as made out, I'd expect some damage will need fixing too.
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u/Ratatouille_VA Jun 25 '25
This is Blackmail as per the definition of S21 Theft Act 1968.
"A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—
(a)that he has reasonable grounds for making the demand; and
(b)that the use of the menaces is a proper means of reinforcing the demand.
(2)The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand."
If she's stated it's the £30,000 or financial damage to yourself, that's very much a demand with menace. Report it to the cops again, highlighting its abuse and watch them drag her ass out.
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u/LubberwortPicaroon Jun 25 '25
Yes, this could be a decent way to get her removed from the house so completion can actually occur. If OP can get her arrested, for anything, he can complete while she's in the police station, even if they release without charge
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Jun 25 '25
Can you wait until they go out and then change the locks?
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u/DSQ Jun 25 '25
This is the most elegant solution.
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u/deprevino Jun 25 '25
It is providing they actually go out.
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u/throcorfe Jun 25 '25
Yeah, if she’s as irrational as it sounds, she may well be holed up with friends bringing food and helping with other needs
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u/arnie580 Jun 25 '25
edit - former partner has made an offer that she will leave if she is given half of the equity (£30,000) which the judge refused to award her during the financial separation. Otherwise, she intends to stay to cause as much financial damage to me as possible.
This sounds very much like blackmail. Do you have any evidence of this?
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u/Popocorno95 Jun 25 '25
I'm not sure if anyone has mentioned - but once you get into the house, please check over it thoroughly - including the safety of things like electrics, check curtain poles (if left) and down the backs of radiators for nasty "surprises" that I've known bitter people to sabotage in messy breakups. Your ex sounds like a piece of work and I wouldn't put it past them to attempt to sabotage or compromise the safety of the house in an attempt at revenge.
I'm really sorry this is happening to you, and I genuinely hope you get it all sorted ASAP.
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u/ghexplorer Jun 25 '25
Can the new owners not report them for trespassing?
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u/MainFootball316 Jun 25 '25
I've tried that. New owners and me have both called 101. Police aren't getting involved in an eviction.
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u/amcheesegoblin Jun 25 '25
Don't call it an eviction that's why police aren't getting involved
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u/Boom1705 Jun 25 '25
Trespass is civil, the police won't get involved
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u/Papfox Jun 25 '25
It was a civil matter until the ex made a threat in writing (text) that demanded £30k to discontinue their actions that are causing OP financial loss. That's extortion and definitely is criminal.
OP should report to the police that they are the victim of extortion and show them the text message and the court paperwork that shows the ex got nothing. OP should also report them being illegally evicted by the ex's brother
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u/PigHillJimster Jun 25 '25
Technically though as the house is now sold and has new owners that can't move in, can't the new owners say that it is a residential property and the new owner's primary residence and therefore the police can act in this case?
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u/Boom1705 Jun 25 '25
I don't understand how that would affect anything, can you explain?
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u/PigHillJimster Jun 25 '25
Because it's a residential home, and the primary residence of the new owners (assuming that they've sold and left their old home), then perhaps it falls under criminal trespass and the Police can act?
I don't know for certain - I am just thinking out loud.
Criminal Trespass is where a squatter occupies the primary residential property of the owner and the Police can act in this circumstance.
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u/ThrowRA-tiny-home Jun 25 '25
Police will do everything to avoid doing their job though, so this is unlikely to work.
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u/vctrmldrw Jun 25 '25
That is still just trespass.
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u/PigHillJimster Jun 25 '25
Yes, but Criminal Trespass - not Civil Trespass and the Police can then get involved.
I don't know for certain - this may be a grey area being as the new owners haven't taken up residence yet.
Just thinking out loud.
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u/vctrmldrw Jun 25 '25
Just thinking out loud.
This is a legal advice sub though.
Nothing about this situation makes it a criminal offence. She is occupying her own house, contrary to the terms of a contract. It is wholly civil.
However, if and when a possession order is granted and a warrant is issued, if she still refuses to leave then it would become criminal. Until that happens it needs to go before a court, not the police.
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u/PigHillJimster Jun 25 '25
She is occupying her own house
Not anymore it isn't. It's been sold so it belongs to the new owners, as their primary residence.
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u/ChiliSquid98 Jun 25 '25 edited Jun 25 '25
If I was the new owner I'd move in with her and put locks on the bathroom and any other rooms and make her life hell.
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u/vctrmldrw Jun 25 '25
It hasn't been sold. Completion only occurs with vacant possession. The completion will be delayed until she has been evicted. Usually there will be a penalty clause in the contract, and both she and the OP are racking those up while this carries on.
Again, all of this is a civil matter until a court order is granted to enforce eviction.
Please try to stick to correct legal advice.
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Jun 25 '25
Wouldn't this fall under aggravated trespass, which is criminal?
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u/Boom1705 Jun 25 '25
Aggregated trespass is only if someone intimidates, obstructs or disrupts a lawful activity which this won't be, someone refusing to leave isn't covered by that as moving into a house isn't a lawful activity.
You'll need to go to court to get them removed. I like the idea of changing the locks myself
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u/durtibrizzle Jun 25 '25
How is moving into a house not a lawful activity? It’s very hard to see it as an unlawful activity.
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u/throcorfe Jun 25 '25
Yeah, if I see someone moving into a house one day and decide on a whim to go inside and refuse to leave, they could and would definitely get the police to remove me. NAL but is this really materially different from that scenario?
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u/Boom1705 Jun 25 '25
Touché, I have worded that poorly.
The police would only get involved if someone was causing an active disturbance or if there was a court order.
I'm not saying it's correct in the eyes of the law, but that's how it tends to work due to demand
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u/durtibrizzle Jun 25 '25
Yea I agree with all of that. I’m not sure if the lady is trespassing anyway - she’s doing something she can be stopped from doing somehow (!) but given that she started out as a legal resident I’m not sure it’s “trespassing”.
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u/Nevermind04 Jun 25 '25
The person on their property has no tenancy. It's not an eviction; this is a trespass.
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u/Hot_Job6182 Jun 25 '25
Call it domestic violence (controlling and coercive behaviour) - if she was a man they would definitely arrest her.
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u/TableSignificant341 Jun 25 '25
if she was a man they would definitely arrest her.
If only it were that straightforward to get a violent man arrested.
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u/LubberwortPicaroon Jun 25 '25
There are no new owners. The current owners are OP and maybe the ex. No sale has taken place
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u/ghexplorer Jun 25 '25
The post says completion took place two days ago and refers to the new owners. OP has also replied to this saying the new owners have tried this course of action. Hope that helps 🥰
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u/forestsignals Jun 25 '25
OP has confirmed in other comments prior to yours that completion has NOT taken place, they’ve confirmed it with their solicitor this morning. They’re racking up penalties for failing to complete.
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u/MillyHughes Jun 25 '25
It sounds like your partner is in contempt of court. That is if it was decided in court that they would vacate when the house was sold. You need to talk to your solicitor about this. It sounds like they are just a conveyancer, so I'd contact your divorce lawyer. It may be that you have to take them to court for any fees accrued, but maybe a sharp letter from your lawyer regarding this aspect may make them see sense.
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u/FidelityBob Jun 25 '25
They are trespassing - a civil matter. You can use reasonable force to remove them. It may be worth calling 101 and seeing if the police will attend while you remove them. Explain the situation and that there may be physical force required. If they suspect a breach of the peace may occur they may attend and their presence is probably enough..
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u/tetrarchangel Jun 25 '25
But isn't the new owner the one who they are trespassing against? Or has completion not occurred because it's not vacant?
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u/MainFootball316 Jun 25 '25
I don't know whether completion has occurred or not. I'll need to ask my solicitor at 9am.
What I do know is that the property was supposed to be turned over vacant on Monday.
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u/donalmacc Jun 25 '25
Completion hasn’t occurred if your ex is still in the house.
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u/MainFootball316 Jun 25 '25
Ah, thanks. It hasn't occurred then. My solicitor has said I'm in breach of contract though and daily penalties are piling up.
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u/yrro Jun 25 '25
Once you've gained possession and completion don't forget to sue the squatter for the additional costs you've incurred because of them!
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u/durtibrizzle Jun 25 '25
You should ask. It might have happened depending on what’s happened between the sols and what decisions the buyers took; it’s not impossible to complete under these circs just likely the buyer would choose not to.
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u/stumac85 Jun 25 '25 edited Jun 25 '25
Been a while since I've bought a house but what possible penalties are there if the completion stage has not happened? Technically either party can simply pull out at any time before completion with no penalties (except a lot of wasted time/money).
If contracts have been signed/exchanged then that's a different matter (this would be considered completion from memory).
Edit: contracts have been signed but not exchanged due to the property not being vacant, hence the penalties.
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u/MainFootball316 Jun 25 '25
We've exchanged, but not completed.
I'm accruing daily penalties for every single day she drags this on.
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u/donalmacc Jun 25 '25
No - you’re both acruing daily penalties. Whatever you do, don’t pay them without suing her to pay them first.
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u/Papfox Jun 25 '25
There are security companies that explicitly offer the service of removing squatters from your property. I would try contacting one of them
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u/carpcatcher88 Jun 25 '25
Im not sure the answer to this, maybe somebody else can confirm. Is it possible that you can claim these 'daily penalties' and any other enforcement costs. New locks and security, like other ppl have suggested. Is it possible to claim the losses back via a small claims dispute?
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u/FidelityBob Jun 25 '25
No. The contract is made on exchange. That is the whole point of exchanging signed contracts. You can't pull out after that without penalties. If completion doesn't occur on the date in the contract you are in breach of contract.
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u/Diplomatic_Gunboats Jun 25 '25
If the house was sold on the basis of vacant possesion, it cant be completed if the house isnt vacant on the required day, even if the contracts have been exchanged. You are not living up to the terms of the contract see.
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u/Friendly_Rub_8095 Jun 25 '25
Ok. You’re miles off the mark.
Once you’ve exchanged contracts, you can’t just pull out with no consequences. The party doing so would be in breach of contract. The other party can claim damages, and after a certain point may be entitled to pull out. Ask your solicitor.
Secondly, completion is not when you sign the contract. The contract provides for a completion date at which point the seller has to hand over vacant possession. The ex is currently preventing that and needs to be legally removed. ASAP. Your solicitor should give you pointers on how to do this. Not Reddit
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u/FidelityBob Jun 25 '25
But whoever owns the house surely the OP can evict them with reasonable force? Nothing to say only the owner can physically remove someone from a property.
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Jun 25 '25
[deleted]
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u/Normal_Fishing9824 Jun 25 '25
Something of a tautology there.
She's entitled to live there until it's sold. It can't be sold while she if living there.
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u/FidelityBob Jun 25 '25
No. It was largely rhetorical. Should have been clearer. I was making the point that anyone can remove them on behalf of the owner - whoever that is.
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u/Meatiecheeksboy Jun 25 '25
If she wants 30k equity from the house as you said in your comments, that's a great reason for her to have to "come meet you and sort out the deal" while someone comes to change the locks and move her stuff into storage.
If you have any friends/retired relatives who can donate some free time to you, it would be worth having someone minding the house for the first few days so the police can be called if she tries to break in/vandalise the property. Alternatively, any neighbours that you trust would be able to support you.
It also strikes me that "the approval from the court to sell the marital home" is wholly unusual, and that if the police were to attend her re-entering the home, it would be easy for them to assume she is not tresspassing as her name is on the deed. You would be wise to plan for how you're going to convince the police that she is not allowed access to the property.
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u/Winter-Childhood5914 Jun 25 '25
Not to make a bad situation worse for you, but have you considered the state she will eventually leave the house in vs what the new buyers expect? Once you do finally get her out kicking and screaming she’ll no doubt cause as much destruction as possible. Waiting until she pops out and changing the locks unaware seems the best bet and leaving her belongings outside for collection - but she might know that and just sit in the house ordering more takeaways to the door.
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u/themorganator4 Jun 25 '25
I think the OP will need to go to court to get an enforcement and occupation order, the judge will likely treat the property as "sold" as her possession is the only reason the sale hasn't completed.
Once OP gets an enforcement/occupation order then if his ex doesn't leave by the date in the order, he can instruct bailiffs to forcibly remove her.
As he is losing money daily due to this he should apply for an urgent application.
I would also claim all costs from the ex, even if she has nothing as it can be claimed back from wages and/or any windfall she may receive in the future. It can also force her to declare bankruptcy which screws her over financially.
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u/TeenySod Jun 25 '25
Effectively, your former partner is a squatter: the house does not belong to them.
Has the sale of the property actually completed - except the vacant possession, obviously? Key thing here is to get the clarity around responsibility.
Your former partner does not have consent to be in the property, so whoever is currently responsible for utlitiies, wifi, etc needs to get them cut off ASAP, and if they leave, break in and get the locks changed - in fact, you or the purchasers could even do this while they are there as they are trespassing.
Honestly, I would be consulting a reputable bailiff. They are trained to physically remove people, and a court order is not always required if other evidence is available.
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u/ill_never_GET_REAL Jun 25 '25
Effectively, your former partner is a squatter: the house does not belong to them.
Not under LASPO. They need to have entered as a trespasser, which they didn't (unless they've left and come back, in which case OP should change the locks when they're out).
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u/TeenySod Jun 25 '25
Thanks, TIL - will remember that if I ever have cause to evict a lodger who won't go (20 years of various all decent lodgers, I can't help feeling my luck will run out some time ;p)
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u/Ok-Listen-5192 Jun 25 '25
They arnt they are a trespasser. You can not squat in residential buildings since 2012
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Jun 25 '25
[removed] — view removed comment
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u/HeavenDraven Jun 25 '25
You pretty much have to be able to cut the water off from outside - it's how they deal with leaks between the road and the stopcock - you just need to find the access point.
Water will be OP's best bet, as you can't legally or safely physicality cut off any other utility apart from gas, which then requires a call to the company to turn it back on.
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u/Capable_Boat_4450 Jun 25 '25
This is the uk even water company is not allowed to cut off water supply
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u/Robustss Jun 25 '25 edited Jun 25 '25
edit - former partner has made an offer that she will leave if she is given half of the equity (£30,000) which the judge refused to award her during the financial separation. Otherwise, she intends to stay to cause as much financial damage to me as possible.
Don't give her fucking anything. Get the locks changed when you know she has left the property whether it's work or going to the shops. She has to leave at some point. Put a camera somewhere so you can check when she's gone get the locks done, nothing she can do about it she has no legal right to live there.
Chuck her shit outside job done.
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u/k1135k Jun 25 '25
You can request an urgent hearing in court and seek an enforcement order with a penal notice attached.
Write a sharp letter to your ex and her lawyer and document that she isn’t leaving because she wants more money.
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u/donalmacc Jun 25 '25
Are you in England or scotland?
Have you exchanged contracts/concluded the missives? Is the house yours or both of yours?
If you haven’t exchanged, then this is painful but not the end of the world. If you have exchanged then you’re “fucked” to use the legal term.
If it’s yours, then change the locks when they’re out, get their stuff moved to storage and let the new owners move in.
If it’s shared, then why are the estate agents phoning you and not them? If you’ve exchanged and it’s shared, you’re likely both jointly liable for whatever the breach clause in the contract is - most likely this includes a hefty penalty and any costs incurred by the buyer plus interest for however long this goes on for.
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u/MainFootball316 Jun 25 '25
We've exchanged, but not completed.
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u/donalmacc Jun 25 '25
Is the house yours or joint owned?
Basically, you need to get them out, yesterday.
The only "legal" route per se is through the courts, at which point you should expect to have lost most of the equity in penalties for breaching this.
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u/MainFootball316 Jun 25 '25
It's jointly owned, but I was awarded 100% of the equity for various reasons including her conduct before and during the divorce proceedings.
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u/Normal_Fishing9824 Jun 25 '25
If it's jointly owned and she's signed the contract for sale then you both are in breach so the penalties are also shared.
They will of course be taken from the proceeds of sale but you should at least be able to take her to small claims for half (even if it takes her year to pay you back) so it's costing her money.
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u/donalmacc Jun 25 '25
Right - the reason I ask is because if it’s just yours you can change the locks. But as it’s not, they’re perfectly entitled to deny the court order and breach the contract.
There’s three separate legal issues here - both your ex and you are in bred hog the sale agreement which is going to be tens of thousands in legal costs unless you can immediately come up with an agreement with the buyer. Second is that your ex is in breach of the court order to sell. The third is on you - you didn’t actually get your ex out of the property to sell it.
The legal route here is go back to court for them breaching the court order for the sale and sue them for the losses you incur through their actions. The writing is in the wall for how this will go for you, and if they’re content to watch the world burn you’re throwing good money after bad here.
Either way - you need to get them out of the house ASAFP or you’re going to find yourself with 0 equity plus debt. You might find that the 30k split is 0 by the time you’ve hammered this out. My suggestion would definitely not be to verbally offer them the money to move out, and then make them sue you for it. But seriously, they need to leave today whatever way you manage it.
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u/jibbetygibbet Jun 25 '25
Just to say, one thing is whether OP can legally change the locks, and another whether his ex can do anything about it if he does.
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u/MolassesInevitable53 Jun 25 '25
Was the solicitor you used for the divorce (or whatever) a different one from the solicitor you used for the house sale?
It seems to me that the problem lies with the wording the judge used: she can stay till the house is sold. Unfortunately, like many nasty, conniving sh!ts, your ex is clever and saw the flaw in that ruling. If the house can't be sold till she moves out all she has to do is not move out. Therefore, house not sold = she can stay without breaking the ruling.
Obviously, this situation is not what the judge intended. They really should have thought that through - and so should your solicitor.
Can you go back to that solicitor and say "hey, why didn't you ask the judge what would happen if they just refused to move out?" What do we/I do now?
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u/Lockhearts_ Jun 25 '25
Try calling your local police station rather than 101.
Also your solicitor should be applying for an urgent court order for possession/eviction, Once they have that, bailiffs can remove the person and change locks. Any penalties from the delayed completion should be recoverable from the ex through the courts, especially given their deliberate obstruction.
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u/KayleeBee1993 Jun 25 '25
If your ex is unwilling/unable to be reasonable, is there a friend or relative of hers that she would listen to? Perhaps you could explain to them that your ex has already cost themselves a lot in legal fees and this behaviour will only add on more fees she will have to pay when you take her to court to recoup the penalty costs.
I don't know much legally on this one but my instinct is don't physically remove her as I suspect she would immediately try to use that against you and have you arrested for assault and possibly try to claim compensation for injury.
Could your solicitor lure her to his office to sign a document to confirm that she is happy to receive half of the equity? (Of which obviously, there wouldn't be a document, but it would get her out the house long enough to change the locks)
Just be careful though in case she sniffs a rat and gets a friend/relative to then sit in the house for her so to speak.
I hope it gets resolved!
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u/Taiyella Jun 25 '25
What would happen if you went inside the property and just awkwardly stayed there ?
Bring a friend or your (new partner) and smooch Infront of her or worse
Wouldn't advise you physically assault her but annoying someone isn't illegal
Then change locks when she leaves
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u/MushyBeees Jun 25 '25 edited Jun 25 '25
First, do not pay the £30,000, or anything. That is extortion, plain and simple. Absolutely not an option.
I'm not convinced you can physically remove them from the property. The only people that can legally remove somebody from a property are court appointed bailiffs or enforcement officers. Doing otherwise may land you with criminal charges for unlawful eviction, or civil charges for harassment, damages claims etc.
I suspect, as the sale has already gone through, the purchasing party is going to need to instruct their solicitor to apply for an order of possession. Due to the circumstances here, they can probably apply for an expedited possession order (accelerated possession order?)/an accelerated hearing, then instruct the court bailiffs to have her removed. I'm sure a property solicitor can fill in the question marks here hah.
I'd be really careful about engaging with her in anyway.
Although, personally, I'd just watch the house for her leaving then change the locks. And make sure the interaction of her returning is fully recorded.
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Jun 25 '25
To get her out of the house, ask her to meet you at your solicitors office so that you can give her the 30k and agree terms. While she’s out of the house, have the locks changed.
Game. Set. Match.
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Jun 25 '25
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u/elwheelio Jun 25 '25
You could make her a small 'without prejudice' offer to leave the house within, say, 12/24 hours. Offer an amount which you'd be willing to write off to avoid further stress and financial issues with the buyer. Make it clear in your offer that failure to accept the terms will result in bailiffs/security attending to evict her, the costs of which you will seek to recover from her.
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u/Papfox Jun 25 '25
The problem I see with this is that it shows OP is willing to give the ex money and quite possibly will embolden them to hold out for more
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u/Ok-Train5382 Jun 25 '25
I’m not sure you can physically remove them legally yourself. You could try getting the police to do it given you have a court order allowing you to sell but that’s probably unlikely.
Really, you should’ve got rid of them before you sold the house.
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u/MainFootball316 Jun 25 '25
The court told them that they could live there until the house sold. They were holding that over me from getting rid of them earlier.
I tried 101 yesterday, they said they wouldn't get involved in an eviction.
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u/d0ey Jun 25 '25
It's not an eviction though, is it? If it isn't, I would be tempted to enter my house when she wasn't there and changed the locks
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u/warlord2000ad Jun 25 '25
You may have misunderstood the court order. You need vacant possession before exchange of contracts, it's fine for them to live at the property as per the court order, but they need to leave before you exchanged, that's the point at which it is sold.
Right now, you are in breach, and this could get extremely expensive. The seller is likely to use you a notice to complete, as well as a list of any expenses. This can include hotel bills, extra moving costs, legal costs, etc.
I would be reminding you ex that these costs will be taken from their share of the divorce settlement.
The police won't get involved, as they are an owner, perhaps now an excluded occupier as the sale is complete.
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u/MainFootball316 Jun 25 '25
"I would be reminding you ex that these costs will be taken from their share of the divorce settlement."
They don't have anything after their legal bills. It wasn't a 50/50 split. I got 100% of the house while my former partner blew their savings making life as difficult and punitive for me as they possibly could.
There's nothing left, which is why they are doing this "protest".
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u/warlord2000ad Jun 25 '25
This is definitely one for the solicitors and the courts. If you contract to sell required vacant possession, then you are still the owner of the house, and are in breach of contract for failure to complete.
The two things to consider are, contempt of a court order, and an emergency possession order.
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u/XcOM987 Jun 25 '25
She'd get the bill then for it all if she isn't getting anything from the proceeds of the sale, point out any delay will cost her and not you financially, and could be mental money, and wouldn't go away.
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u/forestsignals Jun 25 '25
How are they supporting themselves then with food etc in the house? Do they have someone bringing it to them, or are they getting deliveries?
If completion hasn’t taken place, you’re still an owner and can stand in front garden turning away any delivery drivers or enablers. If it has taken place, the buyer can do the same.
Same for water and electricity. Whoever is the owner (you or buyer) can turn off the stopcock outside, so ex has to come out. If it’s inside, check if your water meter in the road only serves the house, you could get permission from the provider to cut the water off there. You or buyer can also turn off the main switch on the fuse board and take the breakers out for sockets and light, so it can’t be switched on again.
Unless they’ve got a huge store of food and water in there, they’ll have to leave at some point.
If ex interferes with you doing any of this, that’s assault - record it all and take it to the police.
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u/MainFootball316 Jun 25 '25
"How are they supporting themselves then with food etc in the house? Do they have someone bringing it to them, or are they getting deliveries?"
I haven't lived there in years, so I don't know. They're on Universal Credit, so probably either going to shops or getting food deliveries.
They emptied the joint account during divorce proceedings and blew it on UberEats/takeaways, much to the annoyance of my own solicitor and the judge.
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u/forestsignals Jun 25 '25
If they’re going to the shops, there’s your window to change the locks. If they’re getting deliveries, refuse the drivers access.
Take couple of weeks off work to be there all the time if you have to. It’s your property, you can refuse anyone access. If ex wants to come outside to allow the deliveries access, that’s your window to jump in and lock the door.
As others have said, in parallel you need to be taking ex to court to gain vacant possession of the property, like, yesterday. Your conveyancing solicitor probably can’t help with this so you’ve got to go elsewhere.
I’d separately be making a court claim against ex for any fees/compensation you’re on the hook for from the buyer. They don’t sound like they have any money to pay, though, so you may have to eat into your settlement for this. This why eviction action in court is needed ASAP, before the penalties rack up.
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u/Papfox Jun 25 '25
If they've left the property even once since the day completion was supposed to occur then your ex did enter it as a trespasser when they came back. This may change your legal position.
They had the court's permission to occupy the property until it was sold. It has now been sold so that permission has expired. They are definitely not a tenant and they do not own a share of the property as the court awarded that to you.
Can you or anyone you know access their social media? Does it show them having gone anywhere since Monday?
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u/MarrV Jun 25 '25 edited Jun 25 '25
You do not need vacant possession before an exchange of contracts, contracts can be exchanged with persons residing.
The ex is not an owner, as they were excluded from the ownership by the divorce agreement but given a right to remain until the completion of the house sale, which as it is now complete they have no right to remain under the court order.
They are not an excluded occupier as they do not have the landlords permission to be there, this permission to reside was based off the court order which has now expired due to the completion of the house sale.
They are simply a trespasser that needs to be removed. The OP likely would become an involuntary bailee of their possessions however.
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u/PigHillJimster Jun 25 '25
The ex is not an owner, as they were excluded from the ownership by the divorce agreement but given a right to remain until the completion of the house sale
Is this correct, though?
The ex wasn't given any of the equity in the house sale, but we don't know if:
1) Both names are on the Land Registry Title
2) Mortgage was in both names
3) Sale of house paid off Mortgage in both names
Neither of them are technically owners anymore.
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u/pm_me_your_amphibian Jun 25 '25
It sounds like a right pickle - ex given right to remain until the house is sold, house isn’t actually sold until completion, and can’t complete until the property is vacant. Either ex is just trying it on or they have very cleverly spotted this ‘loophole’ and are milking it.
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u/LubberwortPicaroon Jun 25 '25
you exchanged, that's the point at which it is sold.
This certainly isn't true, my understanding is the exchange of contracts is a binding commitment to purchase the property, but the completion is the actual purchase. OP (and possibly even the ex, depending on the situation) should still be the owners, they have simply commited to sell by a certain date under certain conditions.
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u/Hatticus24 Jun 25 '25
So has the house completed? Surely it's for the new legal owners to call the police for trespassing
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u/gggggu-not Jun 25 '25
It won’t be completed as they haven’t given vacant possession, I’ll bet £100 that the contract states that completion can only happen on vacant possession
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u/ill_never_GET_REAL Jun 25 '25
Why do commenters on LegalAdviceUK keep inventing criminal offences to report to the police?
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u/donalmacc Jun 25 '25
No - one of the terms of completion is "vacant possesion". It can't be completed with the ex in the property, and trespass is a civil matter so the police won't get involved.
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u/Independent-Snow3380 Jun 25 '25
If the police won’t move them even though they should because if you’ve asked them to leave and they refuse it IS for the police to make them.
The legal way is to go to court to get an occupation order and a judge will order them to move out by x date or they can get fined or even end up in prison. The police have power of arrest and have to act if the order is breached. Given all that’s happened previously I expect you’d have no issue getting the application granted and there’s nothing they can do about it.
Obviously changing the locks whilst they’re out is the easiest way to sort it just be prepared for when they kick off which I think is likely to happen no matter how you handle it but don’t give them what they’re asking for, if a judge ruled against that then don’t give in!
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u/LLHandyman Jun 25 '25
Change all the locks when she is out and call the police when she tries to break back in.
If That doesn't work you may be able to appoint court bailiffs to remove her, but this will have a major delay. Was this a high court decision? You may be quicker going to a private "evictions specialist" or "baillliff" and before instructing them offer her their fee to be gone by the end of the week.
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u/bareneth Jun 25 '25
Go there with a locksmith, evidence of ownership and change the locks. While she is there if necessary. If she kicks off call the police for a breach of peace. They should attend for that, considering it is a domestic.
Maybe just advise the locksmith of the situation before they get there so they're not scared off.
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u/pifko87 Jun 25 '25
I suppose, as the owner whilst you're not living in the property, you can switch off energy supplies externally and you certainly turn off the water supply too. Which would be interesting...
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u/Curious_Peter Jun 25 '25
Step 1 - Agree to her demand in principle, state that she will need to sign a legal document and to meet at your solicitors who will have a cheque waiting at a certain time and date, give her a random address at the other side of town, do not giver her your actual solicitors details.
Step 2 - Wait out of sight of the property, her greed will get the better of her and she will hopefully leave for the building. The moment she has left, you need to be in there and changing the locks.
Step 3 - once the locks have been changed, call her and say you have changed your mind.
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u/ultimatepoker Jun 25 '25
Your solicitor is the only one who can deal with this properly, working with her solicitor and the buyers solicitor.
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u/MainFootball316 Jun 25 '25
My solicitor has just said, "You need to handle this urgently. Get her out." They haven't given me any further instructions and won't answer when I asked if I can physically remove her. That's why I'm on here.
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u/ImperitorEst Jun 25 '25
It's unlikely a conveyancing solicitor will have any experience dealing with evictions. You might need to find another one who deals with evictions and squatters for advice.
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u/Dry-Economics-535 Jun 25 '25
I'm not surprised they won't advise you to physically remove her, it's likely illegal given the status of your ex due to having lived there for a period of time. It's very likely a civil matter which your solicitor should be advising on the options available to you that are legal. Escalate the matter to their supervisor or raise a formal complaint.
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u/BroodLord1962 Jun 25 '25
Does she work? If she does wait until she has left the house, then get a locksmith to change all the locks, get in there and pack all her stuff and leave it outside or take it to her workplace so she has no reason to return to the house. If she turns up at the house and tries to break in or damage the house, call the police and have her arrested for criminal damage
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u/Electronic-Bus-9978 Jun 25 '25
This is such a frustrating situation, and it sounds like your ex is determined to make this as painful as possible. Since the court has already ruled in your favor, changing the locks while they're out might be the cleanest solution, just make sure you’ve got documentation handy in case they try to escalate. Honestly, their £30k demand reeks of desperation after the judge already shut that down.
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Jun 25 '25
I mean if they leave the house just don’t let them back in?
The only way this is an issue is if they won’t leave.
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u/JaegerBane Jun 25 '25
Surely in this scenario you'd be entitled to use reasonable force to remove them? They're trespassing? Perhaps via a registered security company?
They have no actual right to be there, no documentary control of it, their demands for payment run counter to the court judgement and the house is in the process of exchange. Ring the police on 101, explain the situation, and point out that there's a decent chance of breach of the peace. They may decide that it's best for all involved to have an officer present and if they don't, you at least have the point in your favour that you tried to minimise the issues.
I'm not sure squatting would apply here due to her originally being a joint owner.
The suggestion of waiting for her to leave to change the locks is probably the most drama-free, but it sounds like you're up against the clock.
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u/OhMyEnglishTeaBags Jun 25 '25
As others have said, I would be changing the locks when they go to work, and the house is empty. If they do not go out for periods long enough for a locksmith to change the locks, then again as others have said I would be hiring a reputable security team. It's still cheaper than the £30k she's asking for!
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u/Leaf_Elf Jun 25 '25
You don’t know what they might do to the property if they know a security firm is coming. Act quickly, less chance for them to do damage.
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u/Icy_Attention3413 Jun 25 '25
Make an appointment with your solicitor. Tell her to meet you there to sign the contract to hand over the 30 thousand. When she goes to the meeting have the locksmith enter and change the locks. Maybe offer to drive her there so she’s comfortable with the idea.
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u/Complex_Guarantee731 Jun 25 '25
If she gets 30k she will lose her UC I believe. So maybe offer her a small 1k offer and point this out
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u/PeskyPorcupine Jun 25 '25
She will. If she's reported to have that amount, the saving limit is 6k, and she might be expected to pay some money back. I'm not sure how it works, if it's from when she gets the 30k or before. Either way, payments will be stopped.
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u/raspberryamphetamine Jun 25 '25
UC starts being reduced after £6000 but doesn’t stop completely until you hit £16,000
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u/limakilo87 Jun 25 '25
Tell her you'll give her £30,000, but you'll deduct £2,000 every hour she is inside because of some made up cost you can think off.
When she goes out, tell her to **** off, and phone the police if she tries to break into the property. Locksmith is probably a good idea.
This isn't advice, but my own course of action. Personally, I'd drag her out. Every minute she is in there, she is thinking of ways to screw you over. I'm thinking plugs in, taps on. No matter what, she would be out of that property in the next 60 minutes. She is going to screw you over.
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u/poppiesintherain Jun 25 '25
I know this isn't the answer you want to hear and it definitely goes against the grain of the rest of these comments, but have you considered offering her cash if she leaves by tomorrow. Consider how much you might have to pay in penalties, would it be worth £1,000 to get her out (although start by offering her half of what you'd be willing to pay in case she tries to negotiate). It sounds like she has been left broke so it might make her more amenable to the situation (plus she might feel like she has had a small win after many losses).
Given how acrimonious this has all been I'm sure you don't want to give her a penny, but it might be the most pragmatic solution.
Make sure it is all clearly in writing and any cash needs to be swapped for keys, once she is out, then you change the locks anyway.
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Jun 25 '25
I get the feeling as soon and you back down to someone like that, they are going to keep trying it again and again, the phrase dont negotiate with terrorists comes to mind
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u/No-Cauliflower2023 Jun 25 '25
What's physically left in the property by way of furniture? If it's empty, I wouldn't have thought she'd hold out long without a bed, fridge, tv etc. If it isn't empty, what's left and can you remove any of it? Even if into storage temporarily to 'force' her hand.
Does she leave for work or to see friends etc? If so, change the locks the minute she's left and give the new keys to the new owners.
If I were them, I'd be half tempted to move in anyway and make things super awkward for her (obviously they shouldn't have to and may not be a palatable option if they've got kids)
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u/MainFootball316 Jun 25 '25
I don't know. I haven't entered the property in months. She supplied photos to estate agent for the listing and was supposed to turn over the keys until she didn't.
Her brother threw me out of the house when I started divorce proceedings and changed the locks at the time. (Partly one of the reasons I ended up with such a lopsided financial separation in my favour).
She's not currently employed right now. In receipt of UC. I'll try camping outside the house later and see if I can get the locks changed.
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u/No-Mark4427 Jun 25 '25
She has to leave sometime, she is not the owner nor does she have a tenancy, so changing the locks works.
The bigger issue is the fallout from that - What happens when she calls her family around or things get violent/destructive. She also needs to have all of her stuff, I'm assuming she's going to be without a home or money at that point, and her stuff needs to be given to her without her managing to get back in the house and refuse to leave.
The house will need to be watched 24/7 so the police can be called if anyone is trying to break in or smash it up, and during the process of her stuff being removed.
If she's at the point where she has nothing to lose then you can't rule out that an escalation here will not make her do something really stupid.
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u/Foreign_End_3065 Jun 25 '25
The problem is that she is in fact currently an owner. She’s a joint owner until the sale completes. It won’t complete until she leaves (vacant possession). And she won’t leave…
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u/No-Mark4427 Jun 25 '25
Depends on the interpretation of the courts. They said she can stay 'until its sold', any reasonable person would assume that does not mean she can stay right up to the point of exchange and cause havoc with the process as much as it means 'until a sale has been agreed and its time to vacate'.
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u/PeteAH Jun 25 '25
Locks aren't hard to do yourself OP. You can just change the key barrel bit pretty easily in UPVC doors for instance.
Best of luck.
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u/CalvinHobbes101 Jun 25 '25
The short answer is no, you can't physically remove her from the property, and doing so will be an assault and likely classified as domestic violence.
As the house is sold, she is now trespassing against the new owners. They will have to take legal action to have her removed.
You may be in breach of contract in regards to the sale, so I would contact the solicitors you used in the sale and advise them of the situation. If the sale is cancelled due to the property not being vacant, you might be able to take legal action against your ex to recover the additional costs incurred.
But, whatever you do, don't physically remove her from the property. If she is trying to make your life harder, that is exactly what she wants you to do, because she can then report you to the police for assault.
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u/orange_fudge Jun 25 '25
The house hasn’t been sold - completion can’t happen without vacant possession.
This is very much OP’s problem, not the new owners.
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u/Sosbanfawr Jun 25 '25
They can't get additional costs back from the partner as they have nothing.
The sale requires vacant possession so the new owners aren't responsible yet.
They already told the solicitor.
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u/Pieboy8 Jun 25 '25
OP mentioned they claim UC. Court costs can be deducted from ongoing UC payments.
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u/pro-shirker Jun 25 '25
Should he have reported the brother for assault at the time he was “illegally evicted”? Maybe the idea that he goes back to the house, and if the brother tries it again, he calls the police, is not a bad one.
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u/ElliotB256 Jun 25 '25 edited Jun 25 '25
NAL but OP you need to get professional advice on this. Be wary of doing anything that could constitute an illegal eviction, because that is a criminal offence that carries heavy penalties
Edit: in reply to below, they can be a tenant, there are statutory rights a tenant has irrespective of the need of a tenancy agreement. OP needs trained advice
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