I don't have anything more specific to ask you.
Please answer my original question. I understand that it's a multi-faceted, complex issue & that you won't necessarily be able to answer me straight back.
I'm sorry, but I really can't understand the facts because there is so much going on.
Can you summarise them please or if you prefer, I will opt out for another expert.
I have tried to summarise.
Essentially, my sister-in-law is living in a house she doesn't own without a tenancy agreement in place.
The deposit for the house was paid jointly by my sister-in-laws ex partner & her mother. Her ex partner is responsible for the mortgage.
He maintains he can't continue to pay the mortgage beyond the end of this year as he now has a new family to support.
Custody of their child is shared (on an informal ad hoc basis between them both) the courts have never been involved.
He wants her to leave the house so that he can sell it. If he does this she will be made homeless. Is it his to sell if my mother-in-law paid a percentage of the deposit.
If there is no formal tenancy agreement in place, how long could it take to force her out of her home? Is there any basis for doing this if he didn't pay the entire deposit?
That is brilliant thank you.
Was it actually bought as the family home?
How old is the child?
Has your sister-in-law made any financial contributions to the house herself or has that all been done by the partner and your sister-in-law's mother ?
Is your sister-in-law's mother on the deeds or not?
is her contribution documented anywhere ?
is your sister-in-law paying any rent or any mortgage?
can she afford to pay either?
does he pay maintenance for the child ?
No, the house was bought for Lesley to live in as her partner wanted to end their relationship & his perception was that the quickest & easiest way to move her out of the family house (so that he could move in a new girlfriend) was to buy a house for Lesley to live in.
The child is 12 years old.
Lesley pays all the bills - Paul's sole contribution is the monthly mortgage repayment & buildings insurance premium.
Ann is not on the deeds.
Only in a letter from Paul in which he states that he intends to arrange a legal covenant recognising Ann's interest.
Lesley pays no rent or mortgage
She couldn't afford to pay either.
He pays no maintenance for the child. The child lives with him for most of the time - without Lesley's tacit agreement to this arrangement he wasn't prepared to buy the house for her.
My initial account may make some more sense to you now??
I would suggest that she sees a solicitor becauseas this is a housing issue, and her home is at risk, she may be eligible forlegal aid. It is certainly worthwhile asking because if he gets a letter from asolicitor, he might take a little more notice.
They have a child together who is dependent. Theyare under a duty to provide a home for the child until aged 18. In thatrespect, it is possible that she can hang onto the house until then and if pushcomes to shove and he does not roll over, that is what she is going to have topush for in court.
In addition, in support of the above, as youquite rightly said, it was bought as a house for them to live in and to providea home particularly for the child.
However the downside is that if she does stay inthe house, he is not liable for the mortgage or the bills of a house that hedoes not living although, he remains liable to any lender if Lesley stopspaying. From what you say, that is a stumbling block because she would beliable for that and the court will not grant her the right to live thererent-free and mortgage free either for ever or until the child is 18
however he is liable to pay maintenance for thechild that is reduced for each night the child stays with him so that may notbe that much, and it does reduce her claim to be providing a whole for thechild.
Lesley would have to prove that she has made somefinancial contribution to the house which, unless he is going to lie, he wouldhave to admit. It would potentially give her a share of the sale proceeds
So to summarise the difficulties,
1 the child spends very little time with her so shecannot say that she is providing a home to the greater extent
2 she cannot afford to pay rent or mortgagealthough she does pay the bills
3 she would be entitled to very little childmaintenance if any
I'm sorry, but she is not in a strong positionbecause of the above
I am clutching at straws here so I am going torefer this to another expert for you to see whether she has any ideas. I am notcertain whether she is online at present but she will pick it up when she iswhich may be tonight or, tomorrow now.
Please don't reply or it comes back into myinbox.
Please continue to try and find somebody more able to answer my questions.
I'm not very impressed with your service.
I didn't opt for the initial £22 advice - I asked for the fastest, most detailed response available at £47 and still you haven't answered my questions?
I think I've wasted my money.
I believe you offer a money back guarantee if not 100% satisfied? Please refund the £47 I've already paid you to my card.