EXCLUSIVE: Phil Collins finally takes back his $40m Miami Beach mansion from ex-wife Orianne Cevey and her new husband - but the Genesis star plans to sell the home and never set foot in the sprawling waterfront property again

Phil Collins has finally taken back possession of his Miami Beach mansion from his ex-wife - but the rocker never plans to set foot in the sprawling waterfront property again, DailyMail.com can reveal.

Orianne Cevey, 46, and her new husband Thomas Bates, 31, finally packed their bags and vacated the $40m home earlier this week ahead of a court-mandated deadline to leave by today.

Sources close to Collins have revealed however that the Genesis legend - currently in London - has no plans to return to Miami and is already in negotiations with a prospective buyer.

DailyMail.com revealed last week that Cevey snapped up a new $5.5m house for the couple and her two sons with Collins, Nicholas, 19, and 15-year-old Matthew, in nearby Fort Lauderdale just before Christmas.

It came after Collins tried for months to have her kicked off his property after finding out that she had secretly remarried Bates, an aspiring musician 38 years his junior, and moved him in. 

Phil Collins' ex Orianne Cevey, 46, and her new husband Thomas Bates, 31, finally packed their bags and vacated his $40 home earlier this week

Orianne was back on social media this week after settling in to her new six-bed, canal-front home in Fort Lauderdale's swank Harbor Beach neighborhood. 'Cheers Everyone! To a much better year!' she wrote under an Instagram photo of herself enjoying a champagne toast in her new kitchen. 'Lots of love, health and happiness'

The jewelry designer had until today, January 21 under a court-agreed deadline to vacate Phil's bayfront residence which has been the subject of a bitter months-long eviction battle

When the newlyweds failed to leave, Collins sued for unlawful detainer and forcible entry, accusing the pair of hiring armed guards, covering over security cameras and changing alarm codes to seize the estate 'by a show of force.'

The ugly saga is far from over, however, as Cevey is countersuing for $20m, claiming she is entitled to half its value under a 'verbal cohabitation agreement'.

The dispute could take years to go to trial unless the former flames can reach a settlement because of the huge backlog of cases caused by the pandemic.

Collins and Cevey married in 1999 but split seven years later, agreeing to a record $47m divorce settlement.

They surprised the world, however, in 2016 when they announced they were back together and living in the Miami home, which Collins purchased for $33m through an LLC in 2015.

The relationship ended, seemingly for good, when he discovered Orianne had 'secretly' married Bates in Las Vegas on August 2.

According to court filings, the Against All Odds crooner left in a hurry for Switzerland and gave the couple until October 12 to pack their bags and move so he could put the property up for sale.

When he started eviction proceedings the couple dug in, dismissing the allegations as 'nothing more than a retaliation' to the new marriage and a 'shameful story' that Collins had 'fabricated'.

Orianne argues that she surrendered a $20m stake in her previous Miami home by getting a 'quickie divorce' from her previous husband, Charles Mejjati.

She picked out and jointly furnished the waterfront mansion, paid her share of the bills for five years and had an 'oral co-habitation agreement' with Collins that entitled her and their two sons to be there, according to her filing.

This comes after Collins tried for months to have her kicked off his property after she secretly married Bates, an aspiring musician 38 years his junior, and moved him in

Moving trucks were seen two weeks ago outside the house of Phil Collins as his ex-wife prepared to leave his Miami mansion

NEW DIGS: Orianne and Bates bought this lavish pad - boasting a pool, spa, home theater and a dock big enough for a 90ft yacht. It was purchased through an LLC named O & T Holdings but state records reveal it was set up by Orianne and Bates

Orianne also claims to have informed Collins about her marriage to Bates after making multiple attempts to talk about their 'deteriorating relationship' which she maintains he was unwilling to address.

The mother-of-three admits covering over security cameras but alleges that this was because Collins had 20 secret devices installed around the $12,000 sq ft residence to spy on her, including in her bathroom and changing room.

In further filings – now struck from the record - she portrayed Collins as a washed-up has-been who relied on booze and painkillers.

The In the Air Tonight crooner was 'usually drunk by mid-morning', her attorneys alleged, to the point that Collins would fall over and injure himself before checking into the hospital under an alias.

'By 2019 Philip had lost his talents. He became increasingly depressed, withdrawn and abusive and, following an operation on his back, increasingly addicted to anti-depressants and painkillers,' her filing stated.

'By 2019, he was incapable of having sex. He stopped showering, brushing his teeth and dressing properly (in fact he did not shower or brush his teeth from 2019 until August 2020 when he vacated the property).'

The pair married in 1999 and had sons Nicholas, 19, and Matthew, 15, before splitting seven years later and then shocking the world by getting back together in 2016 

The filing provoked an immediate rebuttal from the Collins camp, who described it as 'a litany of demonstrably false, immaterial, impertinent, scandalous and scurrilous allegations which have nothing to do with the legal claims in this case.'

A judge agreed and warned Cevey and her lawyers that he would kick out her claim if she repeated the slurs.

Collin's attorneys have thrown plenty of shade themselves, in particular ridiculing Orianne's claims to have a crippling spinal condition that requires hours of daily therapy.

The pointed out that she has posted photos of herself doing a boxing fitness class, riding a jet ski and enjoying expensive vacations requiring long haul flights while insisting that she couldn't sit still long enough for a deposition.

Orianne was back on social media this week after settling in to her new six-bed, canal-front home in Fort Lauderdale's swank Harbor Beach neighborhood.

The property boasts a pool, spa, home theater and a dock big enough for a 90ft yacht.

'Cheers Everyone! To a much better year!' she wrote under an Instagram photo of herself enjoying a champagne toast in her new kitchen. 'Lots of love, health and happiness.'

A follower quickly shot back: 'And more of Phil's money!'