Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
You are quite correct in that your daughter in law is NOT able to register any such Home Rights Notice as any such Notice can only be registered if one of the spouses owns the property, which is not the case here.
She did of course have rights of occupation under any "tenancy agreement" she had with you, but I note she has since vacated.
As regards ***** ***** interest she may have, such an interest only arises if a party has spent money on improving a property. So, for example, if she has spent £x
fititng a new kitchen or adding a Conservatory, she has acquired a beneficial interest based on the increase in value this addition has given to the house.
The mere payment of rent or other household bills does NOT creat any type of beneficial interest at all, and nor does her mere past presence in the property.
I hope this assists and set sout the legal position to you.
I think you have misread part of my original question, My daughter in law has not vacated the property, is no longer paying any rent and has demanded £10,000 to leave. I therefore need to understand what I need to do legally to get her evicted.
As far as beneficial interest is concerned any improvement to the property was paid for by my son. She has never worked. Is she entitled to anything?
Apologies for my mistake
She certainly does not have any right to demand £10,000 to leave, although she does have a right to reside in the property under the terms of her "Tenancy" with you.
As with all residential Tenancies, if she is no longer paying the rent, you do have the right to evict her, but this has to be done via the County Court and until you have been able to obtain an Order for Repossession.
I confirm that she does not hold any beneficial interest and hence is not entitled to a penny. It is whether she holds you to ransom as regards ***** ***** property.
I would therefore recommend that you speak to a local Solicitor just a ssoon a spossible to advise and assist you with the necessary paperwork if she does not willingly vacate.
I hope this heps.