Need vacant possession

by Readers Question

16:06 PM, 17th May 2014
About 6 years ago

Need vacant possession

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Need vacant possession

I own a share in my ex partners mothers house. Need Vacant Possession

The mother can live in it until she dies, then it has to be sold and the proceeds shared.

The only problem is her son who hasn’t got a share has split from his marriage and now lives back in the property

The mother is quite elderly, if she dies the son has said he will remain in the house

How can we get him out to get vacant possession?

Thanks

Arthur Green



Comments

Mark Alexander

16:08 PM, 17th May 2014
About 6 years ago

Who are the owners of the legal and beneficial interests of the title?

How did this come about?

Sorry but without this information I can't see how anybody will be able to advise you.
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16:52 PM, 17th May 2014
About 6 years ago

Arthur
If the son was invited to be resident there maybe nothing you can do.

Talk to the right sort of solicitor and see what they say.

Of course it's equally possible that the son maybe able to a valid claim on his mother's Estate.

You would be wise to also find out if she has powers of attorney and who the attorneys are!

That's as far as my thinking goes.

Garry Streeter

Devon Landlord

21:36 PM, 17th May 2014
About 6 years ago

Arthur,

You need to explain a number of things, not least the legitimacy of your claim on the property. What if the ex-mother in law changes her will etc. The only solution if you are serious about this is to speak to a good lawyer with all the fact and full documentation.

Devon Landlord

Puzzler

23:03 PM, 17th May 2014
About 6 years ago

Interesting - from what you say I would hazard the situation is as follows:

Your ex-father-in law willed the house to you and your (ex)wife while his wife retained a life interest. That does not mean you "own" it, until she dies. The trustee(s) own it on her and then your behalf (of which of course you may be one).

The other son (your ex-wife's brother?) has no claim unless he can prove financial dependence. Just living there is not enough. If entitled to a share he can either claim it as cash or rent your share from you. He can't just stay put unless his claim over-rides yours and your ex-wife's.

Questions - why was the brother-in-law not willed a share? since you and your ex-wife are no longer a couple, are you sure you still have an interest? e.g. if your f-i-l's will said "to my daughter and her husband", that would no longer be you. If the will predates the divorce, even if you are named your legacy fails if it identifies you as the daughter's husband. I am not a lawyer but have recently dealt with my own will in some detail. My brother-in-law has a life interest in my house but only provided he is still married to my sister if she predeceases him, but not if they divorce.

It sounds like you and your ex are on good terms, if not there is even more reason to suspect that your inheritance may fail, unless included in your divorce settlement.

Like other posters, without wishing to pry, to help you a bit more information is needed

Puzzler

23:11 PM, 17th May 2014
About 6 years ago

PS On re-reading, did you contribute to the purchase?

Robert Green

10:08 AM, 19th May 2014
About 6 years ago

4 of us purchased the house under the right to buy council house policy. It has been done on a legal basis and we had an agreement made out that the mother could live in the house until she dies. so technically the house belongs to the 4 of us, but not to the son that now lives in the house. So I don't think anything in a will could make a difference as the mother doesn't own the house and never has, as she was only a council tenant.

Mark Smith (Barrister-At-Law)

10:54 AM, 19th May 2014
About 6 years ago

This all turns upon what the agreement allowing the mother to live in the house says. Can she sublet or allow other occupants to live there? She cannot grant any more rights over the property than she has herself, so she cannot disadvantage any shares that the legal and beneficial owners have in the title.

The son is either a licensee (if his mother has the right to allow occupancy) who will have to move out when the mother passes away, or a trespasser who has no rights at all.

Mark Alexander

11:14 AM, 19th May 2014
About 6 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "19/05/2014 - 10:54":

Hi Mark

Thanks for picking up on this thread.

Is this an issue worthy of confronting now or would it be better to leave this until after the old lady has passed away?

Assuming the others who own the remaining 75% share in the property consent to the the son staying in the property what rights would Arthur have?
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Mark Smith (Barrister-At-Law)

11:32 AM, 19th May 2014
About 6 years ago

Better to sort it now, so everyone knows where they stand. I would be happy to advise a solution or two, if I can be sent the various papers.

Sagarika Sahu

12:42 PM, 19th May 2014
About 6 years ago

If you have the papers of the house then you can do the legal proceedings and take away your share.

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