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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently living with my mother and girlfriend. Me and

Customer Question

I am currently living with my mother and girlfriend. Me and my girlfriend legally own the house though my mother provided 50% of the finance to purchase. We had all agreed to sell the house. Now my mother has changed her mind. Can she legally stop us. If i feel I have no choice could I evict her
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Is your mother also a registered propreitor (ie. owner with you and your girlfriend) of the property on the land registry title for the property?
Did you sign any agreement with her for her previous contribution (eg. declaration of trust or charge)?
Kind regards,
Tom
Customer: replied 1 year ago.

no she s not declared as a propriter on any deeds. n o agreement was signed before or after purchase

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I will be able to answer at 9 a.m
Tom
Customer: replied 1 year ago.

I didn't see a response thhis morning

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience, sorry for the delay in replying.
If she is not named on the title for the property and does not have her contribution reflected in a declaration of trust or a charge (a bit like a mortgage) then in order to sell the property you would have to evict her first.
If she does not have any agreement governing her rights then she would be an excluded occupier, which means that you have to serve her "reasonable notice" in writing of evictions. Generally, 1-2 months notice would be sufficient. As such, you would also not have to apply to court to evict her and could simply change the locks.
Obviously she may see a solicitor. If she does then she would have to claim an interest in the property by litigating under the Trusts of Land and Appointment of Trustees Act. This is expensive, but if she has contributed 50% of the finance to purchase the property then she does have a basis of claim. However, if she is slow at instructing a a solicitor and you are able to evict her then you might be able to complete the sale before she is able to register her interest in the property.
If she acts quickly then she could register a notice against the property after seeing s solicitor pending litigation. A solicitor acting for a proposed buyer would require this sorted out before they completed in the purchase.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 1 year ago.
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.
Kind regards,
Tom

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