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JimLawyer, Senior Associate
Category: UK Law
Satisfied Customers: 73
Experience:  Senior Associate Solicitor and Litigator
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I recently issued a possession order to an ex partner who is

Customer Question

I recently issued a possession order to an ex partner who is refusing to leave my property. He still refuses & my solicitor says it will have to go to court - if we do go to court is there anyway the courts will allow him to stay? Or with the house being solely in my name will he have no choice but to leave
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ahhh - I'm in the UK is this US law?
JA: What action has been taken so far? What's your ideal outcome?
Customer: so far it's just a possession order that's been issued - in this letter it says if he doesnt leave after the specified date then we'll have to go to court & he'll incur all court charges. He seems to think the courts will allow him to stay and that he wont have to pay court fees
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats everything thanks
Submitted: 4 months ago.
Category: UK Law
Expert:  JimLawyer replied 4 months ago.

It's likely the court would order your ex to leave e.g. By 14-28 days from the date of order or up to 42 days of he shows financial hardship. If he still doesn't go by then, the court bailiffs will be able to evict him physically from the property. I can't see how he can insist he has the right to stay if he doesn't own the property.