Desperate need of help/advice - rights to property?

mizzbiz19

Hi all

Thanks for clicking my thread. I'm not really sure where to start (this is a very difficult situation and could be a long post!) Will try to be as factual as possible, not even sure i'm posting this in the right place...

Basically my partner has had a lot of problems with his mother. She left when he was young but never actually divorced his father. For the past ten years she has lived elsewhere so technically they were separated. She is now with another man and set to re-marry soon. His dad passed away last year unexpectedly leaving no will. Whilst everyone was grieving, the clever b**ch began legal processes of claiming ownership of the house. She did try to claim the money from his life insurance but when it came to light that they had been separated for longer than 5 years she couldn't proceed. Will the same thing happen with the house? Or will she have rights to ownership and be able to make my partner homeless?

She has sold the house now and claims to have a document that my partner signed (when drunk still grieving) agreeing to leave the house with no fuss upon moving day. He claims he doesn't remember signing any such document but his brother claims he has done so. She has yet to provide evidence of this document - perhaps blagging but could be true. Where do we stand if such document exists? Does the deceased's son have rights to the property if the deceased's wife can be proven to be separated?

Immediate issues arising are that she is refusing responsibility of bills on the house such as the british gas bill (yet she is happy to accept the money from the sale of the house). She recently had a PAYG meter installed on the house and it has come to light that there is almost 700 pounds worth of debt on the account and so the meter is swallowing £21 per week (I spoke to british gas this morning). They told me that there is no name on the account and that by putting my partners name on the account he would not be accepting the debt if he claims to have just moved into the property. If we do this will we even have a leg to stand on about who owns the house?

She seems to be set on ruining everything for my partner and I personally don't have a clue what to do nor does he. He is so stressed and emotionally broken that he has quit his job (which he claims he hated anyway). I know I ought to be seeking professional legal advice on the situation but I cannot afford to pay for a solicitor nor can he. Can anyone advise me on where we actually stand???

RAS

Sorry to learn about your partner's loss of his dad but the facts are pretty brutal. By faiing to divorce his ex-wife his dad has left a massive mess. and by failing to make a will he has componded it. Morally what she is doing may stink but legally she is entitled.

I knew a couple whose divorce in England had been granted but the absolute could not be applied for until the following week. He was in a car accident and died. She inherited everything.

Assuming you are in England or Wales?

1. Download the deeds to the house from the Land Registry. It costs £4 to do this. Whose name is on the deeds. Dads, mums or both? If her name is on as the sole owner or joint tenant, then on dad's death as sole survivor she becomes sole owner and can do what she like with the house. Thee is no legal process as this is automatic. Your partner has no rights at all if mum was joint or sole tenant.

The signed document only makes it easier for her to get him out, as a lodger he has no right to live in the house if she (or dad) are the owners. he could force her to to go to court which would take a bit longer but that is it.

2. Because there is no will, the rules of intestacy kick in
See http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm. because dad failed to divorce mum, she gets the first portion of the estate.

If dad has been supporting your partner he might be able to claim against the estatye but he needs legal advice as this would not normally apply to an adult child as far as I know.

RAS

Just to add, I think you need to get your partner to a doctors ASAP and to start looking for alternative accomodation pronto.

mizzbiz19

Hi RAS, thank you so much for your response. I think in my heart and my partners heart we both know she's going to successfully take everything.

Yes we are in England. Not sure what difference this might make? I thought that if separated for a certain amount of time they don't technically count as married but i dunno the technicalities.

I will do as you say and download the deeds to the house. Partner reckons only his dads name is on them but cannot be certain.

His dad has been supporting him ever since she left and he has lived there all of his life including the ten years she was away. Surely that stands for something?

As for the doctors thing I am trying to monitor the situation at present, he has a past of anger issues and I have noticed recently him shouting at me over silly little things. Trying to be as understanding as possible but I am young too and have no experience of this kind of situation!!

tbs624

Your partner can get a Fixed Fee appointment with a suitable experienced lawyer, usually for around 50 quid - check via the local Law Society.

Fire_Fox

Who is doing probate and why are they not sorting out these issues? If the house was held as a joint tenancy then the mother automatically 'inherits' the house, this is the case even if two people are not married. If they were tenants in common then she may not. It's actually only £3 to get the land registry entry, this has reduced recently.

Has the mother sold (exchanged contracts) the house or not? You need legal advice, one or two appointments do not have to be expensive, your partner may get legal aid or the solicitor involved in probate (if there is one) may be able to advise.

The person who is legally liable for the utility bills and council tax is the occupant. This is a separate issue to the ownership of the building - just as it often is with landlords and tenants. The owner is responsible for paying any buildings insurance only. Why is there such a huge debt on the gas and no name on the account, wasn't the father paying? Really the debt should be settled by the people who were occupants at the time the debt accrued - so your partner and his father's estate.

Your partner may be able to claim ESA if he is unable to work through illness (stress/ depression etc) but he will need to see his doctor. Speaking from experience it would be better to get a diagnosis and treatment sooner rather than later, not just monitor the situation since you are not medically qualified. The more someone's mental state deteriorates the longer and harder the recovery.

mizzbiz19

He has already had one meeting with a solicitor regards the situation earlier this year. They said about there being a loophole in that his mum/dad were separated for long. When he admitted he did not have the capital to fund further solicitor fees they politely told him where to go...! Seems totally unfair to me that without thousands behind him for solicitors he loses his home worth roughly 200k

Fire_Fox

We can't help you if you keep focussing on the marriage instead of answering all the questions put to you. The father chose not to get divorced and chose not to write a will unfortunately.

RAS

mizzbiz19 wrote: »

Seems totally unfair to me that without thousands behind him for solicitors he loses his home worth roughly 200k

It may have been his home but it is not his house sadly. Until you find out who owned it there is not a lot more that can be done.

And really he needs to be angry with dad for failing to sort out his affairs as much as with mum.

mizzbiz19

Firefox, my apologies that was a response to the previous response! Note the time was the same time as you posted yours..

I am going to do the land registry to find out who's name the house was in. As far as i know his mum has arranged the probate but she is being very vague and ambiguous when it comes to what has been agreed and issued.

The house has been sold officially for a lot less than what we believe it to be worth. Think she just wants to get rid of it and have the cash. We haven't been told any dates for moving as such. Not too sure why she's even left it this long (his dad died may 2011)

I have tried to encourage him to see a doctor on numerous occasions but he keeps saying he doesn't want pills, he's fine and the next minute that he doesn't see the point in living Not too sure how serious he is, he seems to make it a bit of a joke but then i know he shouldn't even be thinking stuff like that

Fire_Fox

mizzbiz19 wrote: »

Firefox, my apologies that was a response to the previous response! Note the time was the same time as you posted yours..

I am going to do the land registry to find out who's name the house was in. As far as i know his mum has arranged the probate but she is being very vague and ambiguous when it comes to what has been agreed and issued.

The house has been sold officially for a lot less than what we believe it to be worth. Think she just wants to get rid of it and have the cash. We haven't been told any dates for moving as such. Not too sure why she's even left it this long (his dad died may 2011)

I have tried to encourage him to see a doctor on numerous occasions but he keeps saying he doesn't want pills, he's fine and the next minute that he doesn't see the point in living Not too sure how serious he is, he seems to make it a bit of a joke but then i know he shouldn't even be thinking stuff like that

If the house has sold how is your partner still there, are you sure it has sold and not just gone under offer? She may have left it this long because she was doing probate and transferring everything into her name although that does seem to be a long time. You should be able to check what has been done so far, search here for more information http://forums.moneysavingexpert.com/forumdisplay.php?f=217

GPs do not only supply prescribed medication, they can also refer for cognitive behavioural therapy, counselling, advice and support on lifestyle changes (diet and physical activity) all of which are scientifically proven to be effective in mental health. Without seeing a doctor he would not be entitled to claim ESA.