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Please look at negotiated settlement between you two. That is the best case. Since you are not having an agreement,check with a good lawyer., what can be done. If you have only one property and justify that you need it the court might consider.But the fact that you have not received any rent should be in favour of you.
So speak to your lawyer, ( I think s/he will also suggest a negotiated settlement )
Check with the individual who is in your house and then move to the next stage