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Banker sues ex-wife for £500,000 after she refuses to leave marital home

Posted: 13th June 2019   In: Family Law

A banker is suing his ex-wife for £500,000 after she refused to move out of their marital home following their divorce.

Kerim Derhalli says that his ex-wife Jayne Richardson Derhalli had been ‘trespassing’ at the £6m property.

When the couple divorced after 17 years of marriage, they agreed a ‘clean break’ consent order to divide the family wealth. This saw Mrs Richardson Derhalli receive a £11.5m settlement.

Mrs Richardson Derhalli had received an initial £6.5m and was due a further £5m when the house in Kensington was sold.

However, they were unable to sell the property for their £8m asking price.

She continued to live in there, which led to Mr Derhalli telling her to “vacate the property within four weeks or start paying rent for her occupation”.

However, she argued she had the right to stay without paying rent until it was sold.

She continued to live there for nearly three years until the house was eventually sold for just under £6m.

Mr Derhalli then claimed £500,000 in rent for the three years that his ex-wife had lived in the property.

The judge ruled in his favour but added that the amount owing to him must be decided at a future hearing. 

He said: “It is my view that Mr Derhalli was entitled to determine the licence to occupy with reasonable notice. It follows that Mrs Richardson Derhalli could be considered a trespasser from April 21, 2017, since when she remains liable to pay for the use and occupation of the property.”

Please contact Shelley Rolfe or Richard Phillips if you would like more information about the issues raised in this article or any aspect of family law.

 

 

Posted by: Shelley Rolfe
Family
Luton Office