Getting kicked out

d0nkeyk0ng

Following on from my last post (which I can't link to but is thread number 1811327)

I have since moved back home to live with my parents. After something like 4-5 arguements (three of which included bringing the grandparents round so they could see what was going on and knock some sense into my dad), things settled.

For the last three months or so, things were steady. My mother and father didn't speak to each other but things were otherwise okay and my mother and I had hoped things were gonna work out.

Unfortunately, out of nowhere my dad had an outburst, aimed primarily at me. The underlying issue was that he was finding it difficult to make ends meet and I wasn't paying (it's more complicated than that since I was more than happy to pay my way).

The outcome was that he wanted me out of the house. He said he was broke to the point where he was gonna have to sell the house to survive.

Anyway, I have a few questions:

As far as I'm aware, the house is in his name since he's the one who paid the mortgage (he paid that and my mother helped with bills). So if he sells/tries to sell, can he legally kick us out? Is there any way we can prevent this?

He's likely not to agree to a divorce. Is there any way (should things go down this route) that we can make it happen?

Any problems/pitfalls to be aware of?

Given that he was drunk at the time and it was more of an outburst, I'm not sure whether he truly meant it or not. He's tried to say hello since but I've just blanked him. Not sure what's gonna happen.

LJM

if i was you i would get down to CAB to ask about yours and your mums options it sorry i cant be of anymore help

golden_eagle

d0nkeyk0ng wrote: »

Following on from my last post (which I can't link to but is thread number 1811327)

I have since moved back home to live with my parents. After something like 4-5 arguements (three of which included bringing the grandparents round so they could see what was going on and knock some sense into my dad), things settled.

For the last three months or so, things were steady. My mother and father didn't speak to each other but things were otherwise okay and my mother and I had hoped things were gonna work out.

Unfortunately, out of nowhere my dad had an outburst, aimed primarily at me. The underlying issue was that he was finding it difficult to make ends meet and I wasn't paying (it's more complicated than that since I was more than happy to pay my way).

The outcome was that he wanted me out of the house. He said he was broke to the point where he was gonna have to sell the house to survive.

Anyway, I have a few questions:

As far as I'm aware, the house is in his name since he's the one who paid the mortgage (he paid that and my mother helped with bills). So if he sells/tries to sell, can he legally kick us out? Is there any way we can prevent this?

He's likely not to agree to a divorce. Is there any way (should things go down this route) that we can make it happen?

Any problems/pitfalls to be aware of?

Given that he was drunk at the time and it was more of an outburst, I'm not sure whether he truly meant it or not. He's tried to say hello since but I've just blanked him. Not sure what's gonna happen.

You don't seem certain whether your mother's name is on the deeds or not. You should be able to check this by checking the mortgage statement (if in both names than that's an indication that they own the property together). Alternatively you could ask the bank directly quoting the mortgage account number. Though they might not be willing to provide this information if you are not the account holder. If not, you could always contact the Land Registry that can send you a copy of official copy of entries for £2 from which you will be able to ascertain whether you mother is a registered proprietor of the house or not.

Even if it transpires that your mother is not a registered proprietor of the house, that does not mean she would not be entitled to her share of equity in the house (if there is any) should the house be sold.

I don't want to get too legalistic but the bottom line is that there isn't anything stopping your farther putting the property up for sale subject to him following certain legal procedures (ie appointing another trustee).

Please note that this is not a comprehensive answer. If you are truly worried, you are best contacting your local CAB or law centre.

good luck

Pee

Your Mum should speak to a solicitor.

I don't know how to access your early thread, but were your parents living reasonably happily there together before you moved back in?

The problem I see is that your parents divorce and your mum is fine, because she has you for support and encouragement, but then in the future, you will want a relationship and any woman coming near will be a threat to your Mum and if I am honest, having a Mum in tow sounds like way too much baggage for me.

If your Mum doesn't work, she would proably be eligible for Legal Aid - and she could divorce your father based on his unreasonable behaviour or five years apart without consent.

kingkano

link to previous thread - hope it works

http://forums.moneysavingexpert.com/showthread.html?t=1811327