Restraining a joint mortgage holder?


My partner's mother is going through a divorce at present after the father left to have an affair. Due to his rocky new relationship he keeps turning up drunk (alcoholic) and refusing to leave.

They have a joint mortgage and the house is up for sale as part of the divorce but he is refusing to pay anything towards the house at all in the meantime.

There have been recent unreported acts of physical violence such as throwing hot water over his wife / daughter.

The advice the mother received was that he is entitled to access to the house as a joint name on the mortgage.

Can anyone advise on if / how he can be removed? He is a champion body builder and we dont fancy trying to remove him ourselves.

She can get an occupation

She can get an occupation order which means he won't be able to come to the house.  In addition to this she can seek a non-molestation order as well, they can both be applied for without notice to him, though once the interim orders are in place he will have the opportunity to go to court and put his side of the story.

Because of the violence, it is likely both orders will be given, and likely to be upheld if the evidence is compelling when (if) he goes to court to contest it.

These are applications that she can make herself, but they are not as straightforward as they may seem, so it is best that she seeks further advice, perhaps from a law centre, CAB, or perhaps the National Centre for Domestic Violence.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

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