what are my rights to the property i live in with my 6 and a half year old?

Question

we've lived in the property just the two of us for almost six years and the property is owned by my ex's family. When i we originally moved in it was said that it was our home equally together but me being soft nothing was ever written in writting. I know i have rights under the family law act but i want to know what my rights are over the house, there is no tenancy or agrreement written to say we can live here.

Answer 1

Well you may have family right notice in the charges register of the property which will prevent dealing without your consent, you also have occupiers rights, so for any sale of the property you would be required to join in the contract ti waive these, if you don't you could full well stop the transaction, if they try without your consent any buyer will be subject to your occupation and the sellers sued for failing to give vacant possession. Now you may also have a proprietary interest in the property further to any family law aspect, if they intended to share, ie as you say your home as ours, a court may infer a constructive trust and therefore you will have a proprietary right aswell. You should see a solicitor for further guidance of how you could protect yourself.

Answer 2

Go to the CAB and speak to a specialist in Family Law. I think because you have a child by your ex, they have to allow you reasonable time to vacate the property.

I would also contact your local housing office and housing associations to be put on the list for housing (if you can't afford to buy your own place)

I would also be inclined to have a word with your ex if you can. Explain that although you understand you have no legal right to the property, your son will suffer if you have to move into temporary accommodation which could be miles from where you live. The disruption will be terrible for your son. Ask him or his family if maybe you could come to some sort of agreement with them, say a 6 month tenancy to give you time to sort out somewhere more permanent to live.

I'm sorry i've got no real solid advice, but I hope this helps. Good Luck and I wish you and your son well.

Answer 3

I think that you are either a tenant at will or a licensee. You don't say whether or not you are paying rent, which would make a difference to your position. A tenancy at will is a tenancy for no fixed term which continues so long as the landlord and tenant are willing that it should do so. A licence is a mere permission to occupy the premises. Either way, your position is precarious and your ex's family could serve notice on you to leave, in which case the local authority would be under a duty to house you and your child as being unintentionally homeless. You might approach these people and give them further particulars so that they can advise you. http://england.shelter.org.uk/advice/index.cfm

Answer 4

Unfortunately you have no rights here. However they cant just kick you out. Under Housing Law, even if you do not have a written Tenancy agreement, thay have to give you 2 months notice IN WRITING to leave. If you dont go after 2 months they can apply to a court to have you evicted.

You will be classed as unintentionally homeless and the Local Authority have a duty to rehouse you both.

Answer 5

It depends on the State. Since you live there, even if you don't pay rent, you may have the same rights as a tenant, it varies state to state. I doubt in any state that you have any rights to the property. In California, the courts would be sympathetic to you. The courts really hate evicting children. I don't know what kind of custody you have with your ex, but you might want to negotiate. Its their grandchild and might be generous. You don't want bad blood. My opinion is that a gesture is needed to show you are not a free loader and just want to take over the family home. Remember, its not you Ex's house.

Answer 6

If your ex husband owned the house you might have some rights to it, but you would have to go back to court to get them.
If the house belongs to others, you may not have any rights; but that does depend on the state you live in. You need a lawyer. If you can't afford one, go to your community's legal aid society. They can assist.

Answer 7

nicely, It relies upon on you what you opt for to do. and no-one's suggestion at right here can help you. You mom has needless to say left out her delivers. i don't be responsive to why. Has she long previous by way of some trauma? I see... nicely if so, I doubt you're able to do lots approximately this. If 25 years of mendacity dormant ought to not substitute her then i don't think of you are able to. after all she's your mom, and My faith teaches me to admire my mom, regardless of the placement. So, needless to say, you won't be able to go away her on my own. despite if it is little need attempting to push her to do the suited stuff, the two. I extremely do not be responsive to what to declare, different than for the undeniable fact that the extra you conflict with persistence as a results of on your mom neglecting her obligations, the better could be the reward from God. Ignoring the shortcomings out of your mom at this age and residing with it and nonetheless being dutiful to them is extremely sturdy deed certainly. all human beings is examined continuously in existence and has to bypass by way of trials and sufferings. with a bit of luck God will come across a manner for you out of this. stay chuffed!. could God Bless you and instruction manual you!

Answer 8

Squatters rights may still apply! Check with a local attorney to check your local standards

Answer 9

Try the site below, make sure to change the location/state in which you reside. Hope this helps.

Answer 10

They can have you evicted in 3 days if they feel like it, no lease no protection, get a lease or move.