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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother died without a will leaving a partner living in the

Customer Question

My mother died without a will leaving a partner living in the family home, which belongs to my sister and myself. she was neither married or in a civil partnership. He was not a dependant of my mother. Does he have any rights to live there? As my sister and myself are selling the property
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in?
How long had they lived together and what other residence options does the partner have?
Clare
Customer: replied 3 years ago.

They lived together for 30 years. He has no other residence. But is able to find somewhere else to live

Expert:  Clare replied 3 years ago.
Hi
What is his financial position?
Clare
Customer: replied 3 years ago.

I believe he is financially sound

Expert:  Clare replied 3 years ago.
Hi
When did your mother dies and has her partner threatened court action?
Clare
Customer: replied 3 years ago.

She died 2011.no if hasn't threatened court action. If still lives in the house. Can I put the house up for sale?

Expert:  Clare replied 3 years ago.
Hi
On what basis has he lived there since 2011 - has he been paying rent?
Clare
Customer: replied 3 years ago.
He presumes he can live there indefinatley. And he does not pay rent.
Expert:  Clare replied 3 years ago.
Hi
Have you obtained Letters of Administration to deal with the estate?
How much is the property worth and how much are the other assets worth?
Clare