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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7620
Experience:  UK solicitor
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My mum has a partner who moved in with her over 25 years

Resolved Question:

My mum has a partner who moved in with her over 25 years ago . My mums house was paid for before he moved in . My mum signed her house over to me about 16 years ago . They are both in their 80's & in ill health now . Her partners family are sniffing around asking questions about the house & its value etc . A will was made out properly with provisions for her partner if she died before him . Do I need to worry that his family can state a claim against the property which is in my name ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.

Hi,

Is the property registered in your sole name only at Land Registry?

Tom

Customer: replied 1 year ago.
everything was signed over to me . This was done by a solicitor who also sorted out our wills at the same time . Although the house is in my name we couldn't & wouldn't sell it without her consent as its her home . There is a provision for her partner which isn't monetary ...its furniture & the promise that we will make sure he's settled .Her partner pays her weekly towards food , heating etc . He is aware that the house doesn't belong to my mum .
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If the property is now registered in your sole name with no other person listed on the land registry title the provided that no other contractual agreement was made between you and your mother at the time of transfer giving any one else an interest then the house is yours.

This means that it would be extremely difficult for her partner to make a claim against it now and almost impossible for the partner’s family to do so once they have passed away.

Basically, because it is your asset then your mother cannot even direct that her partner is allowed to stay in it after her death, because as it is your assets it is entirely up to you.

Provided that the property is in your name only and that the transfer occurred more than 16 year ago, you can be fairly relaxed about a potential claim from his family.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi tom ,
Thank you for your quick response . I just had a niggle . It was all done properly 16 years ago . My mums partner is a lovely man , we have cared for him over the years . His family never bother with him , he never hears from them & rarely gets a birthday card . But now they are both in ill health his family can't keep away ...asking questions about how much the house is worth & what will happen if my mum dies first . We wouldn't throw him out on the streets , we would make sure he's got somewhere to live, make him comfortable & as always we will continue to care for him . I
Expert:  Thomas replied 1 year ago.

Hi,

In that case you are well placed in terms of not getting a claim with a prospect of sucess and also have flexibility as to what provision is made for him if your mother should pass first.

Please remember to leave feedback.

Tom

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