Evicting late Father's partner - advice needed

xylophone

If someone is being financially supported by the deceased, they have a right to claim against the estate - that seems to be the main reason used.

But in this particular case the deceased has made her beneficiary of his pension so he is continuing to support her.

She may well have a private pension/state pension/savings and investments.

She also owns her own property.

On the face of it, any claim to the house (or any other assets) seems to me to be weak.

Honeylife

Beth42 wrote: »

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.

This is actually not unusual. Particularly from a generation that seem to think living together will be fine and reluctant to make wills! Thus leaving the legal headache for others. There is a substantial amount of case law on this and a Solictor would be able to guide you. I cannot see the matter being resolved without professionals, if she is that reluctant to cooperate with you. Keep an eye out for art works, jewelery and possible antiques dissappearing! Some living together partners have a tenedency to forget or really dont appreciate their "rights" if not nil are minimum, plus they too are grieving the loss of their companion and have to get their heads around the further loss of their home.

This is where the children come across as heartless money grabbing *** who want to turf them out on the street! When all you want to do is settle the matter and move on with your own lives.

The sooner you engage a Solicitor the sooner the matter will be completed. Yes it will cost but from all you have said there is no other solution. It will not end with you all being "best friends" and hugging it out, but it will end.

silvercar

This is where the children come across as heartless money grabbing *** who want to turf them out on the street! When all you want to do is settle the matter and move on with your own lives.

To her that first sentence may well ring true, given that in the fullness of time you can have your inheritance.

middleclassbutpoor

You have 2 things that you are trying deal with;

Administering of the estate
Distributing the estate.

The approach I would be taking is instructing a solicitor to help you administer the estate. This will mean helping you understand the assets that exist which need to be taken into consideration.

I would be re-establishing the relationship with your late father’s partner to explain that once this has been done, you can then think about how to distribute the assets.

When you come to look at what can be distributed, you then discuss options around buy outs/evictions etc surely. You keep good terms and offer her the house if she wants to remain there.

I suspect that if you have spooked her by talking of eviction and selling, I would quite rightly expect her to make it difficult because she is grieving also and as someone else has mentioned, losing the person you loved and then the home you shared is quite a big thing to comprehend.

My advice would be to instruct a solicitor and ask them to write to her to explain she needs to allow the process of administering the estate.

I may also suggest you visit her and apologise for being hasty in talking about where the house is going to end up without fully involving her in what she may want to happen with the property and possessions that they shared.

It’s most likely what your father would have expected you to do if he knew you had a good relationship with her also.

Honeylife

The guy across the road had been living with his partner for 43 years. Didn't even know they were not married! He had a heart attack, dead in minutes. No Will, but he had one child from a previous marriage. The partner, she got nothing, absolutely nothing. Took five years for her to leave the house and the daughter gave her some dosh to help her leave. No such thing as common law marriage in English Law. The result was suddenly a rush of weddings from friends in their 60s who have been living together for years, saying they 'didn't need a piece of paper.' Actually, you do need that piece of paper just to tidy things up at the end.

Unless your father has written she has a 'life interest in remaining in the property', then she really cannot stay. If she was his carer then she can claim on his Estate as just that but will have to prove that he needed a carer/housekeeper. But the Solicitor will clarify these points. Yet to hear of one of these cases ending amicably.

scottygirl_2

Although not the same situation everyone in these situation with step families, partners, etc really do need to get a will prepared. My mum and stepdad married when I was about 5 years old (never knew my own dad) i was an only child they never had any children of there own. Mum died first and a few years later my step dad died but because he never adopted me and left no will I was not by law entitled to nothing not even an ordiment or anything from the house unless his brothers and sisters all agreed. Although they did allow me to take a few momentos when It came to selling the house and money in the bank greed soon raised its head and they would not allow anything to be shared even though mum worked for the home too. Allow this happened years ago and I think there may of been a change of law since I would tell anyone in these type of relationships to get a will sorted your loved ones would be devastated if they new what was happening after there deaths

p00hsticks

Honeylife wrote: »

The guy across the road had been living with his partner for 43 years. Didn't even know they were not married! He had a heart attack, dead in minutes. No Will, but he had one child from a previous marriage. The partner, she got nothing, absolutely nothing. Took five years for her to leave the house and the daughter gave her some dosh to help her leave. No such thing as common law marriage in English Law. The result was suddenly a rush of weddings from friends in their 60s who have been living together for years, saying they 'didn't need a piece of paper.' Actually, you do need that piece of paper just to tidy things up at the end.

That piece of paper doesn't need to be a marriage certificate though, it can just as easily be a will. If your 'guy across the road' had had a will leaving the house to his partner that would have had the same effect as marriage would have done.

Honeylife

p00hsticks wrote: »

That piece of paper doesn't need to be a marriage certificate though, it can just as easily be a will. If your 'guy across the road' had had a will leaving the house to his partner that would have had the same effect as marriage would have done.

Yes thats also what I was referring to. Wills or marriage certificates, otherwise you're out.