Adverse possession - sibling in property

judygarland

Hoping someone can help..............

My father passed away 15 years ago leaving everything to my mother. The house is mortgage free (deeds have not been changed though, they are still in my mother and father's name).

My brother who is abusive, forced my mom out of her home. She ended up living with a friend until his death recently. She has had to return to her home. My brother has been using it to store what can only be considered to be junk and her house now looks like one of these TV programs about hoarders. Since returning, she has been subjected to mental and emotional abuse. She wants to sell the house and downsize but we think he is going to kick up a fuss when it goes on the market.

We are a little concerned about "adverse possession". Can he stake a claim on the house? My mother has paid all the bills there although not been resident and he has a rented place (which he has been subletting!).

meritaten

Its HER house - she gets to say who lives there. She can sell if she chooses unless there was something in your dads will which prevents that. such as the house must be left to children when mum passes on. Otherwise - she does need to get your brother out - and NO he cant make a claim on the house.

Rachel83

Kick him out...

silvercar

He could possibly try to claim he is dependent on your mum and that he should be able to remain in the property.

It would be worth posting on the housing board.

If the property is going to be sold, his possessions will need removing first. Hoarding houses don't fetch full price.

TBagpuss

It's very unlikely he could claim adverse possession, particularly as your mum was still paying bills etc - quite apart from anything else, he would have to show that he had been occupying the property without your mother's consent, and I think that the fact that she kept paying the bills and didn't try to evict him until now would make that extremely difficult.