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gingerbill · Jul 14, 2011, 02:05 AM

Hi
I hope someone can assist. My boyfriend is currently living in a property joint owned with his ex girlfriend. The property used to be solely hers but she added his name to the title deeds but then they split up. They have a deed of trust in place. She has since moved out, and the house has gone on the market. The sale is due to complete tomorrow but my boyfriend seems to be dragging his heels (claiming he has nowhere to go, even though he's been given ample notice of sale) and I'm afraid he's going to refuse to move out tomorrow and the sale will be lost. What will be the implications if this happens? Can she forcibly have him evicted and how long does this process take. Note: We live in the United Kingdom

AK lawyer · Jul 14, 2011, 07:05 AM

Originally Posted by gingerbill

Hi
... I'm afraid he's going to refuse to move out tomorrow and the sale will be lost. What will be the implications if this happens? Can she forcibly have him evicted and how long does this process take. Note: We live in the United Kingdom

The ex GF is selling the house? It's odd that she has not taken steps to evict him yet. If the sale is scheduled for tomorrow, yes it's possible that his continued presence would make the sale not happen. I can't tell you how long that might take exactly. On "this side of the pond", it can take a few days to several weeks, depending on several factors, including:

how crowded the court's docket is; and
how soon he can be served with process.

He has been given a written notice to quit, correct?

gingerbill · Jul 14, 2011, 07:21 AM

Yes, the ex GF is selling the house. She invested 65k, my boyfriend invested 0k but the house is in both their names. I'm not 100% sure if he's been given written notice to quit but I think he may have been.

LisaB4657 · Jul 14, 2011, 07:49 AM

An owner of property does not have to be given a written notice to vacate. However if he doesn't move out and prevents the closing from occurring on time he may be responsible for any $$$ damages that his ex-gf may suffer.

AK lawyer · Jul 14, 2011, 04:34 PM

If they jointly own the property, has he agreed to the sale? If he signs off in it, and then refuses to move, the buyer would sue him for specific performance.

ballengerb1 · Jul 14, 2011, 07:22 PM

Ginger, clear this up for us. His name is on the deed, did he agree to sell?

gingerbill · Jul 15, 2011, 03:53 AM

Yes, his name has been added to the deed and yes he has agreed to the sale.

ballengerb1 · Jul 15, 2011, 08:37 AM

If you both sign the closing documents he then must move or he is trespassing. No eviction process is required when an owner willing sells the property and then fails to vacate

ScottGem · Jul 15, 2011, 08:56 AM

Agreed, once he signs the sales documents, he no longer owns the house and has no right to remain there. The new owner takes possession and calls the constables to have him removed as a trespasser.

hkstroud · Jul 17, 2011, 05:55 AM

gingerbill

I know that this is off topic but do you really want this guy as a boyfriend?

Benassa44 · Jul 17, 2011, 09:27 PM

Was going to ask the same thing

gingerbill · Jul 18, 2011, 12:03 PM

:-) deserved that comment I guess. Short, simple answer, yes. Love him. Just always hoped once he was out of that damn house he'd get his act together. He's moving out tomorrow by the way. 4 days late but moving nonetheless. Not to me though, but that's a subject for another discussion board. Lol (if I could) !