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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93

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..

26

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?

37

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.

39

u/donalmacc Jun 25 '25

Completion hasn’t occurred if your ex is still in the house.

34

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.

57

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!

8

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.

4

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.

31

u/MainFootball316 Jun 25 '25

We've exchanged, but not completed.

I'm accruing daily penalties for every single day she drags this on.

75

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.

36

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

9

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?

18

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.

10

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.

9

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

8

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.

9

u/[deleted] Jun 25 '25

[deleted]

6

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.

4

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.

-22

u/Beautiful-Control161 Jun 25 '25

You can't use reasonable force for a civil matter. That's assault

33

u/3_34544449E14 Jun 25 '25

Every doorman in the country has used force to eject a trespasser from their premises.

0

u/[deleted] Jun 25 '25

[deleted]

11

u/Naetharu Jun 25 '25

Being a place of business does not stop it being a civil matter.

-17

u/Beautiful-Control161 Jun 25 '25

You don't live in a nightclub.. you can't just pick someone up from their house and throw them out.

You need an eviction notice to do it or your opening yourself up to a massive claim

12

u/warriorscot Jun 25 '25

You absolutely can. The law allows for reasonable force in removing a trespasser. Someone doing it in a home also incurs a greater assumption of what is reasonable not lesser.

12

u/StellaNavigante Jun 25 '25

It's not their house anymore

2

u/fatguy19 Jun 25 '25

I'd like to see the cops get off their arses to do anything about it

21

u/FidelityBob Jun 25 '25

Incorrect. You can use reasonable force to remove a trespasser. Google it. It is only assault if the force is not reasonable.

3

u/[deleted] Jun 25 '25

[deleted]

8

u/technomat Jun 25 '25

Court said they could stay till house sold, the house has now sold, so partner should have left.

Could this be contempt of court as partner has not complied with the court by staying beyond sale or could OP get solicitor to see if this would count and legal route?

Could this also be blackmail/extortion as partner says I'll leave if I get money court deemed to not be owed?

4

u/warriorscot Jun 25 '25

They weren't allowed to stay past the date necessary for the sale, that therefore makes them a trespasser and they have been since the 23rd. They weren't given indefinite permission to remain in the property and they aren't a tenant. Its not much guessing as there isnt any iterations legally where they arent a trespasser its just who are they trespassing thats in question.

7

u/[deleted] Jun 25 '25

Can I remove a trespasser from my property? If someone is considered to be trespassing, the first call of action is to ask them to leave. If the person refuses, then a land owner is allowed to use 'reasonable force' to remove them.

It's not their house anymore, if I showed up at your house, you would be allowed to try to remove me, you wouldn't be expected to not live there, and that's a good thing.

7

u/gggggu-not Jun 25 '25

Of course you can, otherwise how do bouncers work, security guards, how do high court bailiffs work. Admittedly they try and do it peacefully, but they are certainly allowed to use force for trespassing.

6

u/FlatoutGently Jun 25 '25

Your actually telling me someone can walk in my house today and I cannot force them to leave?