Evicting late Father's partner - advice needed

Beth42

Hi all,
looking for some advice please. I know I will have to instruct a solicitor at some point but just wanted to find out where I stand...
Situation - My mother sadly passed away many years ago followed by my Father a few months ago. They both owned a home as joint tenants so the house went to my father upon my mother's death. As my father has since died (intestate) the house should go to myself and my brother. There is a shall mortgage left on the house.
However, my father's new partner has been living in the house with him for the past 8 years. We got on well but since his death she's refused to have a conversation with me or my brother about finances and states that she will stay in the house as long as she wants as it's her home. She actually has her own home which she began renting out when she moved in with my father. She doesn't understand that myself and my brother need to administer the state because they're unmarried. As far as I have worked out they share no joint accounts and my father paid the mortgage and bills himself.
I've suggested she speak to a solicitor or CAB but no joy.
We will be sympathetic to her and give her some time (maybe 6-9 months) to vacate the property but I wanted to know what my rights are with evicting her? I've read about S21 and possession orders but these only seem to apply if you have a tenancy agreement and are a landlord which obviously is not the case.
This is already making a horrible situation more stressful. Any advice would be greatly appreciated.

theartfullodger

Sorry to hear of your loss:

I expect everyone involved will be upset, impacting how everyone thinks & behaves:

Tricky & complicated situation: She may well have rights & possibly a "beneficial interest" in the property (yes, really..). See - with a LOT of detail

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner

Whatever else from what you've describe she's not got an AST so s21 inappropriate .

Given intestacy how's probate progressing and who is acting for whom?

Strongly suggest if this cannot be resolved amicably (sounds like it can't) you engage a solicitor who is expert in both family law & such property matters & probate.

She/her relations/advisers may be viewing this open forum thread...

pimento

Who's paying the mortgage currently?

Beth42

Technically me and my brother are responsible.The mortgage company have agreed to collect the remaining balance upon sale as there’s only about 10k left

Socajam

pimento wrote: »

Who's paying the mortgage currently?

Valid question. She sounds really selfish, but that's human nature especially where death and money is concerned.
Also is she paying any utility bills?

Did your father leave a will?

Beth42

Thank you, this is very interesting.
I don’t mind if it’s on an open thread as I am happy and willing to have an open conversation about it but the partner is refusing. Myself and my brother both live hours away from the property so we can’t just pop by, phone calls go unanswered.
If a beneficial interest is proved that’s fine, we’re both home owners ourselves, we just want to get on with selling the property but at the moment she is refusing to even discuss so wondered what legal remedies were available.
Will definitely go to a solicitor.

Beth42

Unfortunately no will. All the bills were in my fathers name, I’ve written to the companies to report the death and they said whoever lives there now has to pay and they’ll write to the house.

theartfullodger

Beth42 wrote: »

Unfortunately no will. All the bills were in my fathers name, I’ve written to the companies to report the death and they said whoever lives there now has to pay and they’ll write to the house.

In your shoes I'd pay all these bills yourself: If occupant is paying bills then this may strengthen their "beneficial interest" case..



But, hey, free country!

Beth42

Useful to add - The partner has refused to give myself and my brother any paperwork for my dads accounts or access to the property.I only found the mortgage company by doing a search on the land registery and the bills by redirecting the mail. I know I need to sort out probate but difficult without a view of the estate.

xylophone

I know I need to sort out probate but difficult without a view of the estate.

https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/how-long-does-probate-take-without-a-will/

According to the law in England and Wales, when someone dies without a Will, the Rules of Intestacy apply. They determine who should inherit the deceased person’s Estate, putting the deceased’s relatives in an order of priority. So if their husband, wife or civil partner is still alive, he/she will be the main beneficiary.

After a spouse or civil partner, the order of priority is:

1.Children


When someone dies intestate, only a beneficiary of the Estate is allowed to apply for Probate. This person will be known as an ‘Administrator’, as opposed to an Executor when there is a Will.


Looking at the above, it would seem that you and your brother are the beneficiaries of the estate and that one of you must apply for letters of administration.

If so, perhaps a formal letter from you or your solicitor explaining the situation and requesting access to your father's papers?

tacpot12

I think a letter from you providing a copy of this web page will help:
https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Provide the URL to her as well so she can check this if she wants to.

Explain in the letter that if she is going to stay in the house, only your Father's Personal Representatives or a Court can make sure this happens, and as your Father's Personal Representatives it would be best if she worked with you rather than against you.

She may not want to release any papers to you because they are evidence of something she has done that she would rather no one knew about.

You can evict her by giving reasonable notice; you can give her this notice in any form; e.g. you could include a paragraph in the letter you send her, but I suggest that you see if she cooperates with your written request for access to your Dad's papers first, and then send the notice once you have access to his papers. You don't have to be unpleasant about giving notice; you might include something along the lines of "We feel it is necessary to give you notice so that the estate can be wound up correctly. If you want to assert your rights to stay in the house, we suggest you contact a solicitor urgently. We will be happy to discuss the situation amicably once you have legal representation."

In the circumstances, given your father passed a few months ago, I think it would be reasonable to give her two months notice (plus the time to see if she allows access to the papers). I would not give her any more than this, as even after the notice has expired, she may not have left and you will need to take court action to evict her. During this period of notice, she can seek legal advice to see if she has a legal right to remain in the home, or to receive some of the proceeds of sale.

If there is a prospect of you selling the house to her, or of agreeing some level of beneficial interest in the property, you might offer to discuss this in your letter. If you can agree to sell the house to her, with some discount to reflect her beneficial interest, and do so without involving a solicitor, so much the better. I would put a time limit on when she come back to you for a discussion. After that point, you need to give her notice as this will start the ball rolling on evicting her.

You might also play the "fairness" card in that she has a property she can move back to, she will not be homeless if you evict her.