Desperate need of help/advice - rights to property?

Lovelyjoolz

This:

Fire_Fox wrote: »

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

Think about it, if someone has already bought the house they would want to be living in it now. Mortgage lenders generally require vacant possession on completion of a sale so your partner would have been asked to leave before now.

Something stinks here. She's lying to you.

mizzbiz19

I think she has sold the house as there is now an estate agents "sold" sign up outside... although i do agree its a bit weird that he is still there after all this time?? Could she perhaps be having issues getting a probate or waiting for the chain to link?? I don't know what to think!

Trouble is whenever my partner tries to speak with her about it and find out what is going on they end up arguing, he gets angry and she leaves.

Ivana_Tinkle

Lots of people say that they've "sold" their house when they accept an offer, so there's not necessarily a mystery there.

I'm sorry not to be able to add anything more constructive, and sorry if I've misinterpreted the situation, but if your partner has anger issues and is shouting at you over nothing, just make sure that you're taking care of yourself in this situation too.

InMyDreams

mizzbiz19 wrote: »

I think she has sold the house as there is now an estate agents "sold" sign up outside...

The sold sign might have gone up immediately on her merely accepting an offer. There could be months between a sold sign going up and contracts even being exchanged, let alone completion.

FBaby

What is your partner's brother's position? He might not be living in the house, but it affects him the same. What relationship do they have? Do they talk to each other? Does the brother speaks to the mum?

Fire_Fox

mizzbiz19 wrote: »

I think she has sold the house as there is now an estate agents "sold" sign up outside... although i do agree its a bit weird that he is still there after all this time?? Could she perhaps be having issues getting a probate or waiting for the chain to link?? I don't know what to think!

Trouble is whenever my partner tries to speak with her about it and find out what is going on they end up arguing, he gets angry and she leaves.

Then it is under offer, the sale has not gone through yet. Estate agents have a completely different meaning for the word 'sold' than the rest of us! Did you get the land registry information yet?

RAS

mizzbiz19 wrote: »

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.

What dates are covered by the gas bill?

Who was living the house when dad died.

Who currently lives there?

AlexMac

A possibly minor red herring, which maybe a solicitor or someone more informed might address...

When a house is being sold, a decent buyer's solicitor will, as part of prior'standard enquiries' ask the vendor if anyone else is living in or has any interest in the property, so as to ensure that, when 'completion' takes place, the buyer has 'vacant possession' and isn't inheriting tenants or squatters. This has affected us twice; once because my wife's son (from her 1st marriage) lived with us, and on the second occasion, because we had a very temporary, short -term tenant. The buyer's solicitor insisted that both times, the non-owning occupant signed a deed or similar declaration that they would move out and not cause problems; requiring this to be in their hands before 'exchange of contracts' ( when the buyer puts down a deposit- usually at least a week or two before completion. .

When taking legal advice you might just ask if this issue- in effect a spoiler - might at least delay the sale - if indeed the house really is under offer.

YesWillMan

http://en.wikipedia.org/wiki/Inheritance_(Provision_for_Family_and_Dependants)_Act_1975

Here are some links which might be useful.
I think that a claim under the Inheritance Act 1975 is relevant if you read the links

http://www.legislation.gov.uk/ukpga/1975/63



http://www.3djb.co.uk/articles/9-latest-articles/93-luke-barnes-reports-on-the-current-state-of-play

hcb42

AlexMac wrote: »

A possibly minor red herring, which maybe a solicitor or someone more informed might address...

When a house is being sold, a decent buyer's solicitor will, as part of prior'standard enquiries' ask the vendor if anyone else is living in or has any interest in the property, so as to ensure that, when 'completion' takes place, the buyer has 'vacant possession' and isn't inheriting tenants or squatters. This has affected us twice; once because my wife's son (from her 1st marriage) lived with us, and on the second occasion, because we had a very temporary, short -term tenant. The buyer's solicitor insisted that both times, the non-owning occupant signed a deed or similar declaration that they would move out and not cause problems; requiring this to be in their hands before 'exchange of contracts' ( when the buyer puts down a deposit- usually at least a week or two before completion. .

When taking legal advice you might just ask if this issue- in effect a spoiler - might at least delay the sale - if indeed the house really is under offer.

this may indeed be the document the partner has signed in post one, that he cannot remember..

OP, I honestly don't think there is much hope here, it is his dad that unfortunately didnt divorce or write a will, and it is a sad situation that someone will benefit from his death that morally shouldn't, but the best you can do is start a new life together, and perhaps try and get relations back on a firmer footing with Mum if that is possible (obviously it might not be, we dont know, or need to know the circumstances).

Whose name is on the utility bills, if the fuel has been used when your partner occupied the house, then he does have to pay that, unfortunately.

i wish you luck for the future.