Can someone be physically removed from a property?

[Hoo5]

I'm divorcing my husband and we have a joint mortgage. To cut a long story short, we both moved back in with our respective parents when he went down with depression. It was very apparent that his recovery would take a very long time or that he might not recover at all and he was signed off work. As the house was sitting there empty being a complete waste of money we decided to put it on the market. It was empty and the agent had a key to show viewers around. A few months ago my husband went completely off the rails spending money we don't have, trying to obtain credit in joint names and has got credit in his own name, had a bust up with his parents and was kicked out - so ended up at our house. He removed the for sale sign outside the house, took the key back from the agent and won't show anyone around the house. It is still on the market as the agent agreement is in my name so they won't take it off without my permission, however, no one can get in to view it. He's not spoken to me in about 6 months and I've started divorce proceedings - mostly because I thought the financial proceedings would force the sale of the house (order for sale) as he can't afford it on his own and can't buy me out. However, my solicitor has told me that there is no guarantee he will be made to leave the house. If he won't sign the papers to agree to the sale I can go back to court (and spend more money) and get a judge to sign them on his behalf. But then what happens if he still won't budge or show people around? Surely he can be physically removed?

[ummmm]

I don't think so.

If you can't physically remove sqatters you've less chance of removing someone who owns the house.

[Hoo5]

Yes, but if it's someone who's on long term sick leave and who cannot afford the place on his own (so can't buy me out) and it's been decided in financial proceedings by a court that it has to be sold, surely that's different to squatters rights?

[Hoo5]

But why would nothing happen if a court decides it has to be sold? There is absolutely no point whatsoever in the court making that decision if nothing happens. The whole system stinks!

[ummmm]

Who's paying the mortgage?

[Hoo5]

Our wages have always gone into a joint account and all bills paid out from there - so both of us. However, there is currently a payment break in place as I am on maternity leave.

[Hopkirk]

Perhaps he would have to be sectioned?

[cassa333]

Sectioning for assessment seems a good idea.

I don't know if it would do any good (as the morgage company can ask both of you to pay the full amount anyway) but you could contact them and tell them the situation and that you want to either come off the morgage (probably not possible) or are willing/able to pay your half.

As for his other accumilating debt I would legaly distance yourself from him.

I have heard of cases where one partner of a seperated couple has had to pay the others debt from after the split as they can be seen as one entity. I am not sure how this works or if it is still the case but I would look into that as well.

[Hoo5]

He was offered sectioning at the beginning, however, his parents said they could look after him. Sectioning is voluntary unless the person is about to jump off a building or harm someone else - only then can they be sectioned with no choice. He won't go voluntary, he thinks there is nothing wrong with him.