Do the police have to kick someone out the house if the owner demands it?

Question

I phoned the police to kick my in laws out the house after they started to take my furniture when they were only meant to take theirs (splitting up with wife). They came but refused to kick them out immediately and instead just waited until they had taken all their furniture. They also told them what they can take and what they cant take. Isn't this illegal for police to do?

Answer 1

Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action. It could be dangerous for the landowner to try to remove the trespasser themselves.

The owner of the land could commit several criminal offences if he forcibly removes the trespasser and his/her property from the land. The best and safest course of action is to obtain a court order, which, if breached, can then become a criminal matter.

If the police do attend an incident such as this, they are merely there as observers for any possible criminal offences committed by either party. The police cannot assist in the removal of the trespassers or their property from the land in question.

Emphasis mine.

https://www.askthe.police.uk/content/Q56.htm

Answer 2

If the ex-wife had a legal right to occupy the house, then the ex-wife also had the legal right to invite in others.

Removing the wife’s right to occupy the house would be part of the judge’s divorce decree, but if the wife did not have another primary domicile arranged, forcible removal would be an eviction which would, itself, need to run its own legal course. Many governments have issued moratoriums on evictions; for instance in my state the police are not allowed to assist with an eviction, and a forcible eviction is not legal any other way.

Regardless, it seems these officers went above and beyond the call, in remaining present and brokering civil behavior among parties. Keeping the peace, etc. It may not seem like that right now, but there are the high emotions of the divorce to account for. Divorces suck; my condolences.