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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Hello, good morning My partner and I own a property of which

Resolved Question:

Hello, good morning
My partner and I own a property of which he gave me 40% ownership of the property. So far it's joint him owning 50% and me 40%. My name is ***** ***** deeds and the land registry. Because he is a lot older than me, I want to know if it will be possible for me to remain in the property if he was to pass away. He has three children from his past life older than me. People say since we not bound by marriage they can still sell and ask me to leave. There for I would like to know how I can secure my stay in the property if the waste was to happen. Can I put a caution on the property. Pls help.
Ps he has signed on a letter that I can remain in the house till my death, but if l was to sell before then I must give his grandchildren their share of 60%.
Thank you
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.
has your partner made a Will?
How much is the property worth?
Clare
Customer: replied 3 years ago.

I don't know, i think he has. i have made a will as l was advised by the solicitors who dealt with the sale of our house.

at the moment its worth around £280.00.

Expert:  Clare replied 3 years ago.
Hi
Could you tell me about the letter that he has signed?
Clare
Customer: replied 3 years ago.

Thank you.

the letter states that if he was to pass away i should stay in the house till i pass on too. But if l were to sale the house before then i should give his 60% to his grandchildren named in the will, which l have no knowledge of and have not seen cause he is doesn't want to tell me anything. But if i was to pass on first he should sale the house and give my only child a girl who is 22 yrs old now my 40 % of the house because he has a three bedroom apartment in central London which is rented out to students, and gets roughly £2000.00 a month for it. He wrote the latter when we purchased the house, and we both signed it. I have never had it signed by a third party solicitor, maybe i should, it was filled with my will.

I spoke to my solicitor who drew up the will, and she had a word with both of us and advised that it would be best if it was filled as a trust deed, something like that. I m not really good with this legal stuff that's why lam seeking your advice.

Im worried because i have lived with him for 13 years lam 44 and is 87 this year quite a big gape i know but he is the one who wanted me to stay with him. Made a promise that he would make me comfortable before he goes, but there again you never know who will go first. I don't want his kids to make me homeless in my old age when i have spent most of my life taking care of their father and the properties.

when l met him he was alone old and frail had lost his partner to breast cancer. i rented in his house, but soon after he made his intentions clear that he wanted more than just a lodger.

the main house which sold for £775.000 l made it a home helped him do it up. And when it was sold the children wanted the money, but l convinced him to invest in property so that he can have income coming in. Cause although he was on British rail for 43 yrs his pension was not great cause he took all when he retired but splashed it all up with the woman who died.

But now that he is okay money coming in good he is becoming selfish, even those who know us from the beginning say he should have given me 50/50.

I'm not begging for his money as a Christian l believe God knows why it happened like this. I know his family think evil of me ,yet they not grateful that although this man is 87 one would assume he is 70 or 75. He is still strong and lndependent still climbs the roof to do DIY jobs at home.

All i want is for him to do good by me, l do not want to waste my time hanging around cause he can live to a 100 or more like his mother who died at 100 and 6 months. Then l would have wasted all my life only to be made homeless. Believe me 40% of this house will not by me anything descent in England.

I have given you a picture of why lam worried, would be happy if you could advice me on what to do. I was born an only an child and has one child only.

Thank you.

Sorry for the late reply was in church today. I am a Pentacostal.

Looking forward to your reply.

Expert:  Clare replied 3 years ago.
Hi
Did you make any financial contribution to the property that you live in?
Clare
Customer: replied 3 years ago.
No l did not l was out of work due to a bad thyroid. He willingly ask me to say, by saying he will make me comfortable.
Customer: replied 3 years ago.
No he gave it to me willingly
Expert:  Clare replied 3 years ago.
Hi
So he has given you 40% of the property - plus the right to live there as long as you wish to.
What is your concern about your position?
Clare
Customer: replied 3 years ago.
Because l don't know if he has written a will. Because the letter he wrote was not filled as a deed of trust. People say his kids can still sell the house. My name is ***** ***** deeds how can they sell if I refuse to sell. How can they make me homeless after all these years.
Expert:  Clare replied 3 years ago.
Hi
Please do not believe all that people tell you
In the event of his death the letter that you have would ensure that a Court refused any application to force a sale.
Yes it would be better if he made a Will - but you are still safe if he doesn't
Clare
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