That's What You Call A Near Miss!
ChatterBank0 min ago
Can my fathers partner get rights of occupation.
My mother passed away in 2006 and I was left half of my parents bungalow in her will which my father lives in and I am now registered as a half owner on the land certificate.
Dad was having problems with Mum for the last 5 years of her life and was unable to do much work on the bungalow itself.
I lent him a total of £52,000 and took a charge over his share if the bungalow so he could have some repairs / improvements to be done.
The bungalow is worth about £400,000 in the present market so I thought my money would be safe.
Dad has now got a partner who has a rented house and I have found out she has been staying in ther bungalow most nights for about 3 months.
If Dad passes away will I be able to get her out and recover my money.
I realise Dad could will his share to this lady but if this property sells for say £400,000 I would hope she would only be entitled to £148,000 at the most ie £400,000 less my share of £200,000 less the £52,000 loan.
I am also worried she may get rights of occuption and I might not be able to recover any money until she passes away.
Frank
Dad was having problems with Mum for the last 5 years of her life and was unable to do much work on the bungalow itself.
I lent him a total of £52,000 and took a charge over his share if the bungalow so he could have some repairs / improvements to be done.
The bungalow is worth about £400,000 in the present market so I thought my money would be safe.
Dad has now got a partner who has a rented house and I have found out she has been staying in ther bungalow most nights for about 3 months.
If Dad passes away will I be able to get her out and recover my money.
I realise Dad could will his share to this lady but if this property sells for say £400,000 I would hope she would only be entitled to £148,000 at the most ie £400,000 less my share of £200,000 less the £52,000 loan.
I am also worried she may get rights of occuption and I might not be able to recover any money until she passes away.
Frank
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I know nothing about the laws of this, but I will say to you BE VARY CAREFUL. A friend of mine was in a very similar situation - his father moved his new wife into a house which had already been willed to my friend and his sister jointly; new wife was entitled to live there until she died. My friend's father died first and before his new wife died he son moved in and stripped the house of EVERYTHING windows doors electrics etc in an attempt to refurbish and claim it - it actually went to court and he was ordered to pay £10,000 which he never did. The whole thing was a sorry mess. My friend actually walked away from it in the end. As I say, just be careful.
I can only agree you must get legal advice.
As you have lent your father £52,000 It sounds as if you own your own house outright and do not live with your father.
Even if your father's partner is say 80 she could live another 25 years so you would not want to have a property you could not use for that time although I hope it will not annoy you if your father is in it for that time.
Another situation which could happen if your father's partner gets right of occupation is your father could pass away and she could get another partner 20 years younger and invite him into the bungalow and he might get a right of occupation.
If this happens because you will get older you would probably never see your money or inheritance.
Amy
As you have lent your father £52,000 It sounds as if you own your own house outright and do not live with your father.
Even if your father's partner is say 80 she could live another 25 years so you would not want to have a property you could not use for that time although I hope it will not annoy you if your father is in it for that time.
Another situation which could happen if your father's partner gets right of occupation is your father could pass away and she could get another partner 20 years younger and invite him into the bungalow and he might get a right of occupation.
If this happens because you will get older you would probably never see your money or inheritance.
Amy
I do think Franka needs legal advice.
However, I think it unlikely that dad's gf will get "rights of occupation".
At BEST, the situation is that the OP owns half of the property, and has a charge of £52000 on dad's half. So OP has the right to contend for a sale under both the fact that he owns half and that he has a charge.
The only way the gf could get any right of occupation is under the Inheritance (Provision for Family and Dependants) Act 1975. This claim, however, would only involve assets owned by dad's estate. Dad only owns half the house - and this is subject to a charge. Thus I think it is unlikely that the gf gets any rights, but worth taking legal advice.
However, I think it unlikely that dad's gf will get "rights of occupation".
At BEST, the situation is that the OP owns half of the property, and has a charge of £52000 on dad's half. So OP has the right to contend for a sale under both the fact that he owns half and that he has a charge.
The only way the gf could get any right of occupation is under the Inheritance (Provision for Family and Dependants) Act 1975. This claim, however, would only involve assets owned by dad's estate. Dad only owns half the house - and this is subject to a charge. Thus I think it is unlikely that the gf gets any rights, but worth taking legal advice.
Hi Boxtops
I did have a proper legal document drawn up when I lent Dad the £52,000 and I am going to get legal advice.
Yes I own half of the property but my mother left me no cash so at present I am in effect £52,000 out of pocket.
Amy
It would not annoy me if my father lives another 25 years in the bungalow.
If that happens I would almost certainly have to lend him more money and I might have to think of moving in with him as he is now 85 and I will be 60 on the 21 December.
I do not object to spending money to help my father but I do not want my money to go to another family.
Frank
I did have a proper legal document drawn up when I lent Dad the £52,000 and I am going to get legal advice.
Yes I own half of the property but my mother left me no cash so at present I am in effect £52,000 out of pocket.
Amy
It would not annoy me if my father lives another 25 years in the bungalow.
If that happens I would almost certainly have to lend him more money and I might have to think of moving in with him as he is now 85 and I will be 60 on the 21 December.
I do not object to spending money to help my father but I do not want my money to go to another family.
Frank
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