Eviction

T8T

The house I’ve been living in for 40+ years, is the home I am being evicted from. It was my parents home, until they both passed away. I sacrificed my business to care for them 24/7, for the last 4 years of their lives. The probate process has been going on ever since. I am 50% beneficiary and my brother the other 50%. Not that my brother deserves a penny, the way he treated his parents and myself, that’s the injustice of it all. However, it’s got to the stage in the probate process where the house worth needs to be split 50/50. I can’t afford to pay my brother his 50%, as much as I’d love to retain this house and all the wonderful family memories within it. So, the house has to go on the market and sold. The solicitors who are dealing with my parents probate, have gone through the courts and obtained possession of the property. I have been classified as a ‘trespasser’, and I’ve been given an eviction date and time, that is later on this month, when I should ‘leave the property (land) with my belongings before this date and time’.

What happens if I don’t? Will there likely be a bailiff present, on the eviction date/time, who will physically remove me? Or is there another stage to this whole process, that might allow me more time at the property?

elsien

Given that this is clearly been coming for a long time now because the house sale process is not quick, what purpose does it now serve to keep hanging on for as long as you can? You are going to have to leave at some point. It is better to do it in a planned way than being out on the streets with your belongings.

Obviously there’s a lot of emotion going on but ultimately this was your parents decision with the will that they made. Having to leave is inevitable. Why make it worse?

user1977

The time to object to it was before the court made their decision. Yes, ultimately you can be forcibly removed.

elsien

I have looked back at your previous thread and you have known this was potentially coming since January. I genuinely think you have reached the end of the line here.

fatbelly

It sounds like they have a Possession Order. They now have to apply for a Warrant to evict you. That is where a bailiff attends with a locksmith.

You can apply to suspend the warrant on an N244 but you would need a good reason for it to be granted.

p00hsticks

And bear in mind that I suspect all these solicitors, court and bailiff fees will be coming out of the estate and reducing your eventual inheritance….

T8T

https://forums.moneysavingexpert.com/discussion/comment/82093206#Comment_82093206

Apparently, as I'm now deemed a ‘trespasser’ in the eyes of the court, an N244 application stands no chance of success.

user1977

https://forums.moneysavingexpert.com/discussion/comment/82093191#Comment_82093191

It’s been on the cards since the deaths in 2023, surely?

TroubledTarts

No point fighting the inevitable, and if this has dragged on I bet the solicitors bill has racked up.

Just leave and get it sold asap as I presume the relationship with your brother is not too good?

Pen2780

OP doesn't say whether they have the funds for alternate accommodation.

If they are relying on the council having a duty to them then don't they need to stay until the bailiffs come so as not to be classed as intentionally homeless? And have a medical condition, children or similar for the council to have a duty to house them (unless lucky enough to be in a council area without dire housing struggles).

silvercar

here’s your previous thread:

https://forums.moneysavingexpert.com/discussion/6667876/is-a-bridging-loan-an-option-for-me

Did you manage to raise a bridging loan? Or did any of your ventures start to earn sufficiently for you to get a mortgage and buy out your brother? If not, then it does look like you will need to leave.

Make an appointment with the council housing people and see what they say. They may advise you to stay in the property until you have a bailiff date, or even until the bailiffs show up. If that is the case and you want emergency council housing, then you will have to wait. If you are evicted, you will then be able to agree a date ( normally within 7 or 14 days) to return to collect your possessions.