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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am living in a house which is owned equally by my husband

Resolved Question:

I am living in a house which is owned equally by my husband and his nephew.
When we moved back to the property my husband took in one of his employees as his contract for his flat was terminated.
Sadly at the end of September my husband died, in his will he has left the business to the employee and his share of the house to me.
I told the employee after my husbands funeral that he will have to find a place for himself to live, upto present day he has not done this and is now saying that until I am given the house in writing he is not going anywhere. He doesnot pay anything towards the house at all.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Does the nephew also live with you - and how much is the business worth?
Clare
Customer: replied 2 years ago.

No the nephew lives in London.

An approximate value would be in excess of £50,000.

Expert:  Clare replied 2 years ago.
Hi
May I ask how long you lived together?
Clare
Customer: replied 2 years ago.

He came with us last July so over 12 months.

Expert:  Clare replied 2 years ago.
Hi
My apologies I meant you and your husband
Clare
Customer: replied 2 years ago.

oh sorry we had been together 23 years, but only lived at this address from July 2013

Expert:  Clare replied 2 years ago.
Hi
How much is the share of the house worth - and are you willing to accept that he gave the business to this person?
Clare
Customer: replied 2 years ago.

The share is £60,000 and yes I am happy that my husband left the business to him.

Expert:  Clare replied 2 years ago.
Hi
Who are the Executors of the Will?
Clare
Customer: replied 2 years ago.

myself and Paul

Expert:  Clare replied 2 years ago.
Hi
Is that the employee?
Clare
Customer: replied 2 years ago.

No that is my husband Nephew.

Expert:  Clare replied 2 years ago.
Hi
That is excellent news
The employee was a lodger at best and has no right to remain in the property longer than you wish him to do so.
You shoudl give him 28 days written notice to leave - and at the end of that period you can change the locks and pack up his belongings ready for collection.
You can do this as one of the executors as well as the person who is living there!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you for your help Clare.

I did give him notice which takes it up to 15th December but when I asked him the other day how he was getting on with finding somewhere new he said he was not doing anything.

So should I wait until the 15th and then put him out. I honestly didn't want to do that but he treats me awful and speaks to me like a piece of dirt.

Expert:  Clare replied 2 years ago.
Hi
If the notice was in writing then yes you can do that
Clare
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