Hi,
An old lady needs to go into full time residential care, so needs to sell her house to pay for this. Her older son currently lives there (rent free) with his pregnant wife. If she has to sell will the Son have any rights to stop this, as they will be homeless.?
Thanks You.
2007-01-21 01:54:52 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
They live in the UK
2007-01-21 01:56:00 · update #1
Yes they could because they may have occupiers rights, and therefore if they do not join in the contract for the sale, ie they waive the occupational rights they in effect could remain, since by joining in the contract they are waiving their implied licence to remain. Normally parties make reasonable inquiries and inspection, since the sellers property information form will outline any occupiers, so any solicitors for the sellers will normally add the occupier into the contract. Should the buyers solicitor examine the replies in sellers property information, they may adivse the buyer not to go ahead if there is clause in the contract.
If they remain then if they entered into the contract they will jointly and severally liable for the costs of getting them removed, if they did not enter in to the contract, the mother will be liable (only if the term of vacant possession doesn't merge with the deed) for the costs of having the son & girlfriend removed. Better of to claim homelessness even though it was unintentional.
2007-01-21 11:15:23 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
Hi.
It may be possible but it would depend on if the son could show an equitable interest in the property, there could be a constructive trust. If he can show he has contributed to the upkeep and maintenance of the house at his own expense, such as paying for repairs and paying heating and lighting bills etc. He would have to use equitable estopple. This is a very complicated area of law.
He and his wife are not tenants as such, they live there under "licence". There is no tenancy agreement mentioned.
As his wife is pregnant they would probably be entitled to council property. They will not have deliberately made themselves homeless.
Consult a solicitor that specialises in land law.
If it is not immediate that the mother has to go into residential care then it might be possible to make the house the subject of an express trust making the children the beneficiaries, it might stop the authorities from forcing a sale as the old lady would no longer legally own it.
Again, this is complicated from a legal point of view because many of the legal loopholes have now been closed.
2007-01-21 02:24:24 · answer #2 · answered by LYN W 5 · 1⤊ 0⤋
The other answers cover the law vis a vis occupiers (especially logicallawyer's answer) but that may not be the practical question. If the only reason the house would be sold is to fund nursing care and not because the old lady has fallen out with her son then it may be possible to get the local authority to secure their interest with a charge only and not to force sale until the Son has moved out. If you want any more help with doing this then feel free to email me.
2007-01-22 02:12:36 · answer #3 · answered by Chris H 1 · 0⤊ 0⤋
This is quite a complicated question. Since the son is staying there with his pregnant wife, they will have to be evicted first. Which whatever be their reasoning, the court will be bound to evict. The only right the son has is by virtue of his adverse possession. Otherwise the lady has the complete right to evict the son and thereafter sell the property, as her reasons are also valid and relevant.
2007-01-21 03:52:56 · answer #4 · answered by Kool-kat 4 · 0⤊ 0⤋
In short no,the son has no rights other than those of a squatter (which can be hard to get rid of) If the old lady where to sell the house the son and his wife would become sitting tenants.
2007-01-21 02:01:37 · answer #5 · answered by CHRIS P 3 · 0⤊ 0⤋
Ok so if her SON lives in HER house with his wife...
WHY does the poor old lady need to go into fulltime residential care?
Either he and his wife should take care of the lady or they should be prepared to get the hell out of her house so she can sell it and pay for her own care!!!
He has NO rights over her house...specially if he has not paid any upkeep or put money to buying the house.
If this son went to court he would be laughed out of it...
the property belongs to the old lady, if she is not in a position to take care of herself or to manage her own affairs the court will assign her a guardian to do so.
This is so typical of families in the UK today...many of them are not prepared to look after the elderly.
This son is needs his butt kicking!!!
2007-01-21 02:15:25 · answer #6 · answered by Eriduserpent~ 3 · 0⤊ 1⤋
Whoever's name is on the deeds has title to the house. Could the son be a sitting tenant? Need to speak to Citizen's Advice.
2007-01-21 02:02:17 · answer #7 · answered by Anonymous · 1⤊ 0⤋
no, then son has no rights as his mother is the named owner of the house, the only time the house would go to the son is if his mother has wrote a will out that says that when she dies, the house goes to him, it's either that, or he buy the house of his mother.
2007-01-21 02:07:05 · answer #8 · answered by sian h 1 · 0⤊ 0⤋
this exact problem happened to m friend of mine, her son put her in the home saying she was,nt copus mentus, not of sound mind,
shes still there in the home bit he sold the house and proceeded to move on himself. how utterly selfish, see a good law centre in your area quickly? hope this helps.
2007-01-21 02:27:01 · answer #9 · answered by rockysgal_one 2 · 0⤊ 0⤋
he could,nt by law stop her but he could make it near impossible to get a sale by not moving out.
2007-01-21 02:00:50 · answer #10 · answered by malks ra tim 5 · 0⤊ 0⤋