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Thrown out of my own house.

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Knightamy | 13:08 Sun 29th Jan 2012 | Law
26 Answers
My father passed away before Christmas and had a partner at the time.
She started kicking off saying the house was hers and got into it as Dad had given her a key.
My father and myself owned the house as tennants in common in equal shares.
His partner phoned the police and said I was trespassing in the house. It was the 24th December and the land registry was closed.
Unfortunately the neighbours thouht the house belonged to my father and this woman as she had spent so much time there and they thought I had no ownership rights to the house so I was told to leave or be arrested.
I managed to get a copy of the land certificate on the 29th December and took it to the police and proved I was an owner occupier. I then went to the house and found she was not there and went in and got the locks changed.
The police are not taking any action. I had to stay in a hotel for 4 nights at my expense and pay for the locks to be changed.
I have now found out this woman is an undischarged bankcrupt ( I do not think Dad knew this) and I am not likely to recover any money from her.
Do I have any rights against the police as they were not correct in asking me to leave. My fathers half of the house is willed to me.
Also this lady is demanding to come into the house to get the rest of her property. I do not want to let her in as I do not trust her and I have taken her property back to her house at 7am one morning.
I put it in her porch which was open, rang her bell and left quickly when she came to the door.
Do I have to let her in?.
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i agree amy... i would feel the same as the op... i'm just stating the police have to act to stop a possible scene occurring - if they felt allowing him to stay could cause some other problems...(perhaps the woman expressed a fear for her safety etc?)... then they had to control the situation ... and from their point of view, she said she lived there, the neighbours agreed with her, all her stuff was there and she had a key - he on the other hand couldn't prove anything at all - no letters, bills, documents, no belongings, no nothing to show he lived there...even the neighbours said they didn't think he had any rights either - who would you believe - at the time ....?

i'm not saying they were right, just that lots of people are inconvenienced by the police... we don't all get compensated for it... as i say its worth a try though...i would certainly try...
You can do nothing about the police as they acted correctly under the circumstances , you have no claim for your expences.
You do not have to let this person into the house once you have given her , her belongings back, just be carefull to lock up securely when you go out.
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Hi Amy

You mentioned about the use of the gas / electric and telephone and I have noticed the gas and electric was about double the consumption of any other day in December and £38 worth of phone calls were made. The house has smart meters which tell you the daily consumption.

Martin

I grew up in that house. My mother / father purchased it when I was 2. Several people knew the house was half transferred to me who were in the road in 2004 when my mother passed away but unfortunately they have now all passed away or gone into nursing homes and the new people did not know the ownership situation.
There are only 9 houses in the Close. The house is now 61 years old and my mother and father were the first owners.
I do not know how that woman thought she could take the house from me as my name is on the land certifiate and my father's half of the house is willed to me.
I supose the upside is the will was in the bank at the time so there was no danger of it being destroyed.
I think I would have been OK however as I am the daughter if she had destroyed the will anyway.
Yes I do wish I had photocopied the land certificate and my fathers will but I never expected this to happen.

I have noticed a clause on the land certificate stating I can not transfer the house or will it to anybody without the consent of the other tennant in commom and my father could not do the same.

Maybe if my father had willed his half of the house to her the will would not be valid.
I'm still surprised by people saying the police acted correctly - this was a civil matter and nothing for the police to be involved in, if everything occurred as described I think they went well beyond their legal powers.
Hi IggyB

I see what you are saying but I am just wandering like the rest what were the police supposed to do on Christmas eve when proof of ownership of the house could not be obtained.
There was the potential for fights or other violence to happen.
Hey, have we all been taken for a ride again here?

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