Divorce - Remortgage - Hisband Not Ready To Move Out - Does He Have A Right To Stay?

[sarahc]

I am going through a divorce with my husband and I am buying him out of the house. He is moving into a new property and has been waiting for the funds from the consent order arrangements to be able to complete his purchase. They are now ready from my remortgage but he is not ready to move out due to some complication with his property. Is there anyway I can 'make' him move out or do I have to wait for him to vacate the premises?

[sarahc]

Sorry should say hUsband in title!

[boxtops]

Surely if you are buying him out, he will no longer have any interest in the premises after a given date? In which case, what's the difference between this situation and the situation of a complete stranger selling you their house? I've not been in this position, but I'd suggest that a word with your solicitor is in order.

[sarahc]

I think the problem is the vacant possession thing. If it is a term of my mortgage that funds will not be released until vacant possession (ie him moving out) then I guess he is in control of what happens. I am waiting for him to definitely decide whether he will move out befire his property is ready but at the moment he is saying he has no reason to want to move out. The solicitor is awaiting his final decision and will then decide what to do.

[boxtops]

Have you appointed separate solicitors? when my ex and I split, we were advsied to do that - so your solicitor can be pushing for him to get out. where are you supposed to live, while he's still living in the house?

[johnny37]

I could be proved wrong but as long as he is part owner of the house he cannot be forced to move unless he is violent. You could try offering some sort of inducement, eg offer to pay rent of a flat for a short period. You would need a binding conract.

[sarahc]

Yes we do have separate solicitors and I thought that might be the case johnny37 :(