How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34474
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I jointly own (50/50) a property with my son and he lives in

Resolved Question:

I jointly own (50/50) a property with my son and he lives in it with his wife and baby son. There are now rumblings that his wife's family (mother father and sister) might move into the property to live. I do not want anyone else to live there or stay for a period, say more than a week, apart from my son and his immediate family. The mother in law is very controlling in her daughter's life. How can I protect my share and my son against this?
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.
Thank you for your question
My name is***** shall do my best to help you but I need some further information first
What was the agreement between you and your son when you purchased the property?
Customer: replied 1 month ago.
None
Expert:  Clare replied 1 month ago.

How does your son feel about his in laws moving in?

Customer: replied 1 month ago.
Does not want them to move in
Expert:  Clare replied 1 month ago.

You do not need to do anything to protect your share.

It does not matter who lives there - if you want to insist that the property is sold then you can do so and they would have to leave

In addition since you are not living in the property then it is not up to you who stays there - it is up to your son, who does live there.

However the fact that legally you cannot forbid it does not mean that your son's in laws will know that and the best way forward is for your son to simply say that you have forbidden it - and that he cannot go against your wishes as you are a joint owner

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
Since I own half of the property can I ask my son to sign a tenancy agreement to the effect that only he and his immediate family stay in the house? This, I hope, will make it easier for my son to say NO to his in laws moving in as there exists a formal agreement.Please advise.
Expert:  Clare replied 1 month ago.

No I am afraid that you cannot do that - he is a joint owner and is entitlled to live there with whoever he wishes

Clare and other Family Law Specialists are ready to help you