Can I evict my Mum?

macman

OP, can you set aside the issue of the assault please? It's completely irrelevant to whether you can evict her or not. I understand it's a major factor as to whether you want her to remain in the property, but it's not relevant to the ownership issue.
However, on the info posted on this forum, it seems to me that you don't even have to 'evict' her, she has no legal status as part owner or tenant. She is simply a guest in your house and you can ask her to leave at any time you wish.
You need to take proper legal advice on the situation.

gauly

She didn't live "rent free" because she (morally at least) owns part of the house - so you can't deduct rent. Also I'm not quite convinced about the £54k loss on your old house - everyone is having to take money off the peak price of their property to sell it and surely you also got a discount off peak price on the place you bought?

So, she owes you the moving costs, stamp duty and legal fees for her share of the house (around £10k?) and a year's worth of food and bills (another £6k?). The value of her investment in the house will also have fallen over the last year - say 10% off (£17.4k) - I'm really not getting as high as £64 k here even if she does make a contribution to your loss on the old house.

I don't know legally if she has any right to get her money back off you - but if she does you better make sure you have enough because I would expect it to be a lot higher than £110k.

mumps

I know someone who let their mother live in a property they owned. The deal was she maintained the property and could live there, she paid all bills except mortgage. When the son and his wife got divorced his wife tried to force a sale on the house his mother lived in to get her share. A barrister was able to get the mother security of tenure for life, they couldn't evict her or sell the property and she didn't actually contribute to buying the house but could show she had invested money by spending money to maintain/improve the house. I'm not sure what all the legal rights were but she stayed there till she died. I think your mother needs legal advice.

MrsE_2

Ian-K wrote: »

Selling house with one of three children at school would likely mean moving school and SS would not have that I'm afraid, otherwise yes.

Susposing you defaulted on the mortgage, do you think SS could insist the bank don't repossess?

You are being silly here.

Where it may be nice NOT to have to move, circumstances are forcing otherwise.

vegasbaby100

appologies to Ian i it was not his sister posting the other thread.

It was just the situation was identical.

3 adopted children, 174k borrowed but had a different spin on the agreement.

The thread was about 2 days ago on this forum, had a qucik scan but appears to have been removed.

Hope it all gets sorted out.

macman

vegasbaby100 wrote: »

appologies to Ian i it was not his sister posting the other thread.

It was just the situation was identical.

3 adopted children, 174k borrowed but had a different spin on the agreement.

The thread was about 2 days ago on this forum, had a qucik scan but appears to have been removed.

Hope it all gets sorted out.

Remarkable coincidence?

duchy

mumps wrote: »

I know someone who let their mother live in a property they owned. The deal was she maintained the property and could live there, she paid all bills except mortgage. When the son and his wife got divorced his wife tried to force a sale on the house his mother lived in to get her share. A barrister was able to get the mother security of tenure for life, they couldn't evict her or sell the property and she didn't actually contribute to buying the house but could show she had invested money by spending money to maintain/improve the house. I'm not sure what all the legal rights were but she stayed there till she died. I think your mother needs legal advice.

Not the same situation as from what you say the mother wasn't living in the same house as the owner

I think both Mother and son need decent legal advice but I confess I'm rather disgusted with the OP's inflated "expenses" he is thinking is reasonable to deduct.

If the mother wants social housing then surely giving her notice to leave is the best path as then the council have an obligation to house her as homeless?

For goodness sake get solicitors involved and pay for proper advice on BOTH sides !!

bryanb

Was Mother talked into this to avoid possible future care home fees?

YorkiePud_3

The thing is to remember though, that from what the OP says, the money his Mother put into him buying a larger house that would be big enough for HER and CHILDREN was the OP's inheritance ...

You don't ask for an inheritance to be paid back!!

If it was a loan, then yes, of course he would be obliged to pay it back under whatever terms he and his Mother agreed from the start, but from everything he says, this money was his inheritance.

It doesn't matter how old his Mother is .. an act of violence is an act of violence no matter whether it has been caused through illness or just sheer nasty temperedness .. and when you have children in the house, whether it be your own by birth or children you have welcomed into your home to become part of your family, you cannot have the risk of her going off at them and hurting them.

I think everyone will have their own opinion here, but the only thing that IS right is to put yourself, your wife and your children first Ian-K ... your first responsibility is to them and providing a safe environment for them ... and to my mind, that means without your Mother, whether you find a smaller house or whether she leaves!

Don't feel bad about wanting her out ... she has said she wants to go, anyway ... if the money she put into the house was a loan, then get some legal advice and a payment plan put into place so she knows you are willing to pay it back.

If, as I thought by your posts, this was your inheritance, then obviously you have no obligation whatsoever other than to help her find someplace that is decent for her to settle in.

People can carry on about what's right morally and what isn't ... at the end of the day it is your decision but from how I read it, she has said she wants to go ... sort out the money bit IF anything needs sorting out (ie loan or inheritance) then wish her well and get back to a settled and happy family life.

pineapple123

I think the best and decent thing to do would be to sell up and buy another property in the same area, so the children would not be have too much upheavel, your mother could be repaid and find somewhere nice to live, TBH if she had to accept emergency accommodation I expect that this would fall far short the type of accommodation you would want for her.
I feel that other posters have been correct in the interpretation that your mother expected to be looked after and have company for the rest of her life because she gave money to you, I feel beneth it all she was loney and thought it was a great solution but has found it difficult to cope with a houseful of children and has become fustrated.
I feel forcing her to leave without paying her back will always make you feel guilty no matter how you justify your right to her money.
however the situation needs to be adressed now, maybe a break to your sisters first to give you all breathing space would help.