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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am enquiring on behalf of a friend. She is 45 and has

Customer Question

Hi I am enquiring on behalf of a friend. She is 45 and has lived with her parents all her life and has contributed financially once in employment including help with mortgage and helping with maintenance and upkeep of the current bungalow which they moved into about12 years ago Father died 2 years ago and she and her sister ( who lives with partner and never lived in bungalow) shared mortgage payments as mother unable to keep up her share and had an IVA .My friend still lives in house with mother and Now pays for majority of upkeep. She has no other financial or physical help from sister. Mum now has new partner and wants to move does my friend have any rights over her home.
She also runs her very successful landscaping business from home having adapted extra storage space to accommodate it
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

Who is named on the registered title for the property please?

Kind regards

Tom

Customer: replied 1 year ago.
My friends only
Customer: replied 1 year ago.
Hi Tom. Sorry my response was a bit abrupt !
I am Hilary and my friend with the problem is Ally (Alyson)Thanks
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience .

If only your friend is the only registered proprietor of the property on thr land registry title then she can refuse occupation by her mother's new partner. This is assuming that the mother does not have any written agreement or tenancy agreement which states she may allow people access. However she should consider how this will affect her relationship with her mother.

If the mother worth to take an aggressive position then she may ultimately Seek to conjure up a claim to an interest in the property but to do this she would have to litigate and legal fees are very expensive in this regard with no legal aid.

If you are satisfied please kindly leave feedback.

Kind regards

Tom

Customer: replied 1 year ago.
Hi again
Can either the mother or the sister insist on her selling the bungalow
Expert:  Thomas replied 1 year ago.

Hi,

If neither mother or sister are named on the registered title for the property and have not been given an interest in the property by your friend in the form of a "declaration of trust" (ie. stating they have a percentage of the equity of the property) then they have no legal right to compel a sale.

Only if they were given an interest at Court would then potentially be able to compel a sale and to do this they would have to litigate and it's a complex area with no legal aid.

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.

Kind regards,

Tom

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