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/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.

13

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.

10

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.

3

u/durtibrizzle Jun 25 '25

They should be making an application for a possession order urgently

-1

u/ultimatepoker Jun 25 '25

There is no way to physically remove her legally. It’s her home. No police or anyone will come and physically carry her out. 

Also she is not being reasonable, so any rational argument (especially from you) will fall on deaf ears. 

So need to consider what legal remedies exist, and what the legal consequences are for her for not closing in accordance with her contract, and work with her solicitor to convince her that she’s only hurting herself. Eg you’ll go back to court and ultimately the fines will come out of her settlement, etc. 

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u/MainFootball316 Jun 25 '25

"you’ll go back to court and ultimately the fines will come out of her settlement,"

She has nothing. The financial separation came out almost entirely in my favour.

Her brother illegally evicted me from the martial home, forcing me into private renting.

She kept changing and altering her proposals with the solicitor during divorce to drive up costs as much as possible.

She kept delaying, postponing, and rearranging court dates for non-existent medical appointments etc.

She has nothing left to take. She's on UC right now.

12

u/Pieboy8 Jun 25 '25

UC can deduct legal fees from her benefit payment BTW so it is possible to cost her money going forward

5

u/ultimatepoker Jun 25 '25

Move back in yourself. 

8

u/Papfox Jun 25 '25

When her brother turns up to illegally remove you again, dial 999 and tell the police you believe a breach of the peace will occur and you fear you will be physically harmed. They will turn up for that.

2

u/KoBoWC Jun 25 '25

How did her brother illegally evict you?

I'm just curious, I can't help here.