How to deal with an ex who won't move on a home sale

A family law firm is warning ex-partners who refuse to move out of the marital home after a relationship breakdown that they could be in for a costly shock.In many cases following a split, regardless of whether a couple are married or cohabiting, both are forced into remaining under the same roof until the property can be sold.

Problems arise where one half of the couple is in no hurry to leave the property so seeks to drag out the process, making the split potentially even more acrimonious.

Lyn Ayrton of Lake Legal said: “An obstinate ex who refuses to co-operate can make the sale of a property very difficult. We regularly see a disgruntled ex who refuses to budge simply because it means moving into a less attractive property.

“Whether a couple is married or not they can make a court application which will force a home sale. One problem we increasingly see is where couples have already been to court and obtained a court order but one half refuses to co-operate with the sale.

“Just when one party thought they were bringing matters to an end with a court order having been obtained, it can be a real shock to find that may only be the first step to achieving a sale.”

Lyn advises that when faced with an ex who refuses to co-operate with a house sale the first thing to do is to ask the estate agents to write a letter confirming any difficulties they have encountered when entering the property – such as general mess and odd smells.

With this in mind, they should also be asked to stipulate the level at which any offer should be accepted.