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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 partner has recently died. We were not married or in a civil

Resolved Question:

My partner has recently died. We were not married or in a civil partnership. Unfortunately there is no will to be found. The house we shared is in the sole name of my late partner. Does his next of kin have the legal right to enter the property at will? The police forced neighbours who hold a key to unlock the house to allow them to access his property. In the meantime they went through my belongings and removed some of them too. The police say this us a civil matter.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
I am sorry for your loss.
How long have you lived together?
How much is the house worth?
Clare
Customer: replied 2 years ago.
Hello Clare,
We were together just over 8 years.
The house is worth roughly around £180,000
My initial , immediate concern is whether I am allowed to refuse the next of kin access. I've already been locked out of one room and had personal belongings locked in there or removed from the home.
Thanks
Edwin
Expert:  Clare replied 2 years ago.
Hi
In the circumstances you can exclude them - indeed could apply to the court for an Order excluding them.
In addition you have a potential financial claim on the property - indeed a court might even give you the right to live there so long as you wish.
I suggest that you change the locks - and get a locksmith to give you access to the locked room.
Write to the nearest relatives and inform them that if they attempt to enter the property again you will make an application to the court for an Occupation Order and claim costs from them.
Send them a lost of your personal property that has been removed and ask for it's return.
Put them on Notice that you intend to make a claim under the Inheritance (provision for Family and Dependents) Act
Since any such claim has to be made within six months of Letters of Administration being granted you should also file a Caveat at the Probate Registry
https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation
Finally make a formal complaint to the Senior Station offices at the police Station.
If your possessions have been removed from the property that is theft NOT a civil matter
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you Clare. I will digest that and come back to you should I need.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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