Right of occupancy

duncandisorderly01

I jointly own two properties with my estranged wife.  She lives in the main family home and her parents live in the second rent-free.  I would like to move into the second property to spend more time with my children as I can't afford to rent a property nearby.  My wife and her parents claim that we have an agreement that they can live there "for the rest of their days".  This is news to me.  I was happy for them to live there whilst we were together as I had no need of the property.  My wife is a high earner and covers both mortgages whilst I rent another property and pay child maintenance.  Can she make such an agreement on behalf of both of us?

HampshireH

Join them. If you own it you have a right to live there.

I'm sure they won't appreciate your presence and something will have to give.

Or get your estranged wife to buy you out

theartfullodger

Strongly suggest you get a solicitor who specialises in family break up AND property.

Start understanding your rights by using CaB.

You need help .  

Good luck!

canaldumidi

'estranged wife'?

You need to deal with the relationship by formalising the 'estrangement' ie through divorce.

You need to separate your financial connections (as well as the emotionaln ones!).

As part of the divorce process, distribution of the marital assets will be agreed.

duncandisorderly01

canaldumidi said:

'estranged wife'?

You need to deal with the relationship by formalising the 'estrangement' ie through divorce.

You need to separate your financial connections (as well as the emotionaln ones!).

As part of the divorce process, distribution of the marital assets will be agreed.

Thanks.  We are going through a financial settlement and will then finalise the divorce.  My concern is if I’m awarded the second property will I then have to go through further hassle getting them to leave.  I’ve struggled to find any cases like this for comparison.

AdrianC

HampshireH said:

Join them. If you own it you have a right to live there.

Not if the parents have any kind of tenancy, explicit or implicit.

TripleH

Could you not get it specified that if you get the second property  you receive it under vacant possession or your wife is obliged to pay your rent in full until you get access?

I'm not certain it will work, but if you include that the property must be vacant if allocated to you as part of the hearing you make your estranged partner aware of your intentions, but give a fixed period (say 2 months maximum) for her parents to vacate the property as part of it to show you are reasonable?

But discuss this with a solicitor.

duncandisorderly01

canaldumidi said:

'estranged wife'?

You need to deal with the relationship by formalising the 'estrangement' ie through divorce.

You need to separate your financial connections (as well as the emotionaln ones!).

As part of the divorce process, distribution of the marital assets will be agreed.

I am going through the courts for a financial resolution and then we can finalise the divorce, but I’m unclear on whether that hearing will have the authority to compel them to leave should I be awarded the property OR if a sale is ordered.

TBagpuss

Family courts do tend to take a fairly sceptical view of alleged agreements between one spouse and their family.

The parents if they are claiming they were told they could live their for the rest of their lives might have a claim but I think would have to show that they had acted to their own detriment in reliance on the promise - so if they sold their house and gave you and your wife the money, or had invested a lot into improvements to the property etc.

but it is a complicated situation because there are separate legal relationships - one between you and your wife, which you can resolve with a divorce and financial settlement, and one between you+wife on the one part and her parents on the other.

It may be that the most simple option would be for her to move in with her parents and you to remain in the family home, pending a final financial agreement being reached