My mum passed away in November last year. Her boyfriend was living with her house. The house was in my name and my mums name. He continues to live there paying the mortgage and bills. The house automatically passed to me as my mum did not have life insurance.He has become an alcoholic and has starting bringing other people into the house with the same problems. The house itself isn't being kept in the way it should!Does he have any right to stay there and if not how do I go about getting him to leave?There is no written agreement for him to stay
Province/Country relating to question : Scotland
Thank you for your question.Unlike a spouse, a cohabitant has no occupancy rights in a dwelling house unless these are granted by the court for certain family law reasons during the course of the relationship.After death a cohabitant only has a right to the deceased's estate if either 1. Provision is made in the will or 2. If there is no will by application to the court within 6 months of the date of death. That time limit has expired but in any event where there was a survivorship clause in the title to the house and the house has passed directly to you, none of these rules apply.You are the sole owner of the house and he has no right to occupy the house nor does he have a right as any form of tenant.You can ask him to leave. If he refuses to do so then you can apply to the court for an order for his ejection. He has no defence in law to such an action as there is no legal basis for him being in the house to start with.The action should be raised in the sheriff court and could take several months so the sooner you see your solicitor about this the better.Also note that a quicker way to get him out would be to try to get the police involved. He is technically squatting in the house.By the Trespass (Scotland) Act 1865, it is a criminal offence to 'lodge in any premises or encamp on any land which is private property without the consent or permission of the owner or legal occupier'. The maximum penalty is a fine and imprisonment up to 21 days.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
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