Can my daughter throw me out of my home?

Mgman1965

PeterJones2018 wrote: »

I'm looking at this thread, as I'm interested in "lifetime interest" or "lifetime tenancy".

Anyway, OP my advice would be:

1. "Split up" from your new "partner".
2. Ask your daughter to agree to giving you a rent free "lifetime secure tenancy". (I've had no luck finding out about those on here, so look elsewhere for information).
3. If your daughter doesn't agree to such a written lifetime tenancy agreement, then bring up the subject of mortgage fraud (which she may or may not have committed, but if she has, then that may give you some leverage).

And blackmail and deciet is a dangerous road to go down.


She may have to give in to it and give you a lifetime tenancy and then just "abandon" your house to go to rack and ruin through no maintenance, or the barest legal minimum, using the cheapest materials.


There again, she may just call your bluff and tell you if she goes down, she'll take you with her saying you were complicit.

getmore4less

It would not need a tenancy as the intention(but difficult to prove) was to create a trust(containing the property) with a life tenant(the OP) responsible for the upkeep.

The early actions(spending money to do it up) would support that.

There is the secondary issue that the life tenant has taken actions which may have undermined their position


A read up on constructive trusts will give an idea.

sammyjammy

need_an_answer wrote: »

Thank you for answering my question openly,I probably hadn't meant you to do that but it does show your side of the conflict.

Although your opening post did refer to your partner as an ex and although as you say you are very much together he clearly was an ex for a time,and as I've said before "an ex is an ex for a reason",maybe your daughter hasn't forgotten why whereas for the moment you are prepared to forget the past.

You do raise a really interesting phrase in the statement about him wanting to move on and put things behind you both.
When I touched on the subject of you moving on together more jointly without the rented accommodation from your daughter you were quite defensive of my comment saying "why should you etc etc" however a clean break is perhaps the best solution forward and I wonder why you are very against this preferring to want to stay in a rental property owned managed and quite frankly controlled by a daughter you yourself say is distant.
Although having said that,the fact that she does invite you to her house and not your partner again reinforces the thought that she hasn't got a problem pre se with you but with him.Could it be that you have a problem with her because she wont accept you as a couple.
Maybe if you go alone to speak with her you may be able to talk

You want both your daughter and your partner in your life,your daughter just wants you and not him.
The question has to be why does she feel like this?
You know that answer and I don't expect you to share it on an open forum but you do need to consider her feelings and possible concerns about someone who has been your ex but has now returned.

Clearly you hope he remains in your world and continues to make you happy,but things can turn sour and the bottom line might be that your daughter is not caught up in the "romance" that you may be experiencing.

I don't believe you'll mend anything with the use of a solicitor.
The only way you will get your daughter back onside possibly is for you and your partner to prove to her that actually you can make a go of it by jointly sharing responsibilities of finances etc in a new home together away from this rental that she clearly had earmarked for your inhabitation and only you.

Does your partner have means by which to jointly support you,you seem to be constantly referring to you needing to save money and I wonder why you have not got joint commitment financially. you talk about needing to get some money back in order to start again,but as I see it two people starting again bear the burden together not solely.

Someone mentioned yesterday about the thread being part housing/part relationships,it would be interesting to move it to the families board and see if others come up with different solutions on the emotional way forward for you all

I think you are confusing the now partner with the EX she owned the house with, these are two different people......

Keep_pedalling

This thread should make a great reference point, for anyone one ease starting a new thread about having the idiotic Idea of signing away their house to their children.

need_an_answer

sammyjammy wrote: »

I think you are confusing the now partner with the EX she owned the house with, these are two different people......

no I don't think I am, the opening post clearly says

Last month I told her about me reconciling with an ex partner who has a criminal past

that's not the ex who she had the house with,its a different one.

FBaby

Indeed, I suspected it all comes down to credential of this partner. I wonder whether he became an ex whilst being incarcerated?

There is a big difference in how she is reacting to his living there if his crime was unpaid parking tickets as opposed to being convicted and sent to jail for assaulting OP, but OP is forgiving him because he said he would never happen again despite a history of violence. Really hope the latter is not correct but if it is, I can totally understand the daughter's position and I would take the same with my mother, although in that instance, I would sell the home and return the £45k but the equivalent of the added equity since the property was bought.

Tabbytabitha

christmas_carole wrote: »

Why should I move? I have done nothing wrong, I have stuck with the agreement, paid my rent, improved the property, look after it and have spent over £30k that I would like to get the benefit of, I'm a 60 year old woman, I shouldn't have to justify myself, I havent broken any terms or agreement, he has lived there with me before, we arent hurting anyone, I just want to live my life the way it was promised to me and enjoy my home that I've invested heavily into.

I just don't understand why you would spend that amount of money on a house you didn't own.

christmas_carole

Tabbytabitha wrote: »

I just don't understand why you would spend that amount of money on a house you didn't own.

If you've read through the thread properly you would see why.
I'm not repeating myself yet again.

christmas_carole

FBaby wrote: »

Indeed, I suspected it all comes down to credential of this partner. I wonder whether he became an ex whilst being incarcerated?

There is a big difference in how she is reacting to his living there if his crime was unpaid parking tickets as opposed to being convicted and sent to jail for assaulting OP, but OP is forgiving him because he said he would never happen again despite a history of violence. Really hope the latter is not correct but if it is, I can totally understand the daughter's position and I would take the same with my mother, although in that instance, I would sell the home and return the £45k but the equivalent of the added equity since the property was bought.

No violence involved against me or anyone else.

SnooksNJ

christmas_carole wrote: »

No violence involved against me or anyone else.

Is it financial?
Is your partner expecting to move in and continue with you paying £100 in rent and your daughter carrying the mortgage?