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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33323
Experience:  family solictor with 25 years experience
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Housing Problem: My wife is disabled with limited mobility:

Customer Question

Housing Problem: My wife is disabled with limited mobility: She and I own our house as Tenants in Common. My son who is married with a wife and 2 children lives in the home and help her with her mobility needs. I live in the house also but relationship between my wife and I has broken-down since early 90s. Relationship between my son and I has broken down also to a point that they (he and his wife) are not speaking to me and teaching their children to do the same. I presently occupy the smallest room in the house where as I have contributed the most in the cost of the house. I want my son and his family out of the house so I can get someone in, who will care for both my wife and myself as we are in our 70s. My wife wants only them (my son and wife) to assist her with her mobility. What's available to me by law to get my son and wife out of the house?
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Its 2 days now since I posted my question, but to date I have not have an answer: Could you please say why?
Customer: replied 1 year ago.
Dear Sir or Madam,
Concerning my question above (13 June 2015) you have collected payment for the service you are offering: Failure to get a response from you about my question, I will have to seek means of getting my money back.
Yours faithfully
Myron Liburd
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I am sorry for the delay
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are you willing to consider divorce proceedings?
Clare
Customer: replied 1 year ago.
Hi Clare, I thought your firm has ignored me: However I will press on. The last thing that I will consider is selling: My aim was to Will my property to my family when I am dead: My family comprises a wife and 4 children: The house is worth about 250,000 pounds: I have paid off the mortgage in year 2012. When my wife severed the title in year 2003 to Tenants in Common I was not aware that the plot was to rob me of the property. I would rather my son pay me rent than sell or divorce.
Expert:  Clare replied 1 year ago.
Hi
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.
My house is situated in the East End of London My post Code is: London E15 1UD. With the post code the value of any London property should not be difficult to access: However I will shop around and see what price I come up with by tomorrow. I guess a 1 bedroom flat would cost about 100,000 pounds. My house is a mid-terrace house, 3 bedroom with bathroom and WC up stairs, 2 reception rooms and kitchen down stairs, Back and front garden, Basement store room. My son has taken 2 bedroom upstairs. I have adapted I of the reception rooms down stairs into a bedroom incorporating mini shower and toilet for my wife's limited mobility. Rent for the 2 rooms and share facilities cost about 800 pounds per month.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Hi
Any action that you take to get your son to leave the property can be met by your wife with a demand to sell the property - are you willing to risk that?
Clare
Customer: replied 1 year ago.
My son is a PC with the Metropolitan Police. He is throwing everything he has at me to stop me from living in the house and he is using his mother in the process, because he knows that he is his mother's favourite child. My other children are aware of his ploy and are supporting me in the best way they can. I am depending on you to help me Make my son pay rent. However if my wife want to sell the house after agreeing to discus our proportional (Tenants in Com. share since year 2003) l would be prepared to sell it. (My son's wife is a university graduate and her brother is studying law and they are all working together against me.) I have email from my son where he offer to buy the house for 50,000 pounds.
Expert:  Clare replied 1 year ago.
Hi
I am sorry but the division of the proceeds will be 50/50 at best for you.
You are entitled to ask your son and his family to leave whenever you are in the property - and your wife is entitled to ask them back when you are not.
The fact that he is a Police man can be used to your benefit.
You have already served notice that you wish him to leave - so at the end of that period the next time that your wife is out you can refuse entry to any member of your son's family - until your ex comes home.
If he tries to force his way in then you can call the Police which will cause him significant difficulty
The other option is to inform him that you will sell the property to him for 50% of the current value - and bring this to an end
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi Clare,
I am looking at a 3rd, option: The option of 'I Do Nothing" How will a 'Do Nothing' Option affect my Will?
When I am gone my Will is that the house should not be sold while my wife is alive: After she has passed my half of the house may be sold and divided equally among my four children: My second daughter Maudena and last son Mark are named executors of my Will: Marcello will be executer if those two are not willing or unable.
Expert:  Clare replied 1 year ago.
Hi
If you do nothing then unless your wife starts divorce proceedings matters will continue as they are.
On your death it will be up to your wife and the children how they resolve matters - either by the one son buying out his siblings share or simply leaving things as they are
Clare
Customer: replied 1 year ago.
Thanks Clare, I will work with the Option in quotes below. Now Clare, suppose I have to go to Court over any matter arising out of my housing / family problem; Can you recommend a Firm of Solicitors who I can contact for representation? If so, please can you send me their contact information? Once again thank you very much for your prompt answers.You answered me, "You have already served notice that you wish him to leave - so at the end of that period the next time that your wife is out you can refuse entry to any member of your son's family - until your ex comes home.
If he tries to force his way in then you can call the Police which will cause him significant difficulty"
Expert:  Clare replied 1 year ago.
Hi
Taking this option will certainly hasten the divorce
You can find a good local solicitor on the website here
http://www.resolution.org.uk/memberSearch.asp?page_id=52
Clare

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