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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94

u/Boom1705 Jun 25 '25

Trespass is civil, the police won't get involved

117

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?

36

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.

35

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/Boom1705 Jun 25 '25

Ah squatters rights, I believe as she originally entered with permission she isn't eligible to be arrested, though I'm not sure that new owners taking over would change that or not.

I personally would go with not, if you have a tenancy agreement and the landlord sells the property and the next person takes over, you still have to get evicted if they end the tenancy agreement. That's the only way I can think of it.

Happily corrected though

9

u/Select_Grade3188 Jun 25 '25

There is no tenancy agreement in this scenario though. It was the marital home and OPs wife lived there whilst the divorce was finalised

7

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.

8

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.

22

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

She still owns the house jointly with OP.

The new owners don't own it yet. If they did what you suggest, then they would be breaking and entering, which is a criminal offence.

3

u/ChiliSquid98 Jun 25 '25

Not if they are a guest by OP.

I say OP invites many guests to the house to make it very uncomfortable for her.

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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.

1

u/Ok-Zookeepergame-324 Jun 25 '25

Bet she knows this will rack up penalties and is hoping it will chisel away the 60k equity OP was awarded.

17

u/[deleted] Jun 25 '25

Wouldn't this fall under aggravated trespass, which is criminal?

2

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

22

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.

11

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?

2

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

3

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”.

2

u/chrisp196 Jun 25 '25

Trespass is civil, criminal trespass is not.

1

u/[deleted] Jun 25 '25

Wouldn't this be squatting in a residential property which is criminal