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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband has recently passed away and i had to take him back

Resolved Question:

My husband has recently passed away and i had to take him back to his country of origin.
We have been married for 10 years and I have no children with him but he has children from a previous marriage. I have returned to our marital home to find the locks have been changed by his son claiming that his father willed the property to him. This son never lived with us and my husband purchased the property from the council and he and myself are the named owners. what legal steps can i take to get back into my property Asap as I have no where else to go and all my belongings are inside.
Also what legal steps can i take against the son as i feel this is trespass.
Regards
Kate
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Just for clarity - your name is ***** ***** title deeds?
Is there anyone in the property?
Clare
Customer: replied 1 year ago.
Yes my name is ***** ***** title deeds with my husband. My stepson has changed the locks and moved himself into the property.
Expert:  Clare replied 1 year ago.
Hi
Does he ever leave the property?
Clare
Customer: replied 1 year ago.
I am not sure because I have only returned to the uk today. When I went around today no one came to the door but he could have been in. I called the police and they told me it was a civil matter and they would only intervene if it became criminal.
Expert:  Clare replied 1 year ago.
Hi
As the owner of the property you can return there whenever you wish, breaking in if necessary.
The son is in fact a squatter and you shoudl remind the police that this is now a criminal offence.
Even if the son is going to inherit his father's share he still has no right to enter the property until Probate is granted.
You should speak to the Senior Officer at the station and ask for support when you attend the property and re-enter it with a locksmith.
I suggest that you print off the Title deeds from the land Registry
https://www.gov.uk/search-property-information-land-registry
as evidence of your ownership.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
ok thank you.
just one more question when the police attended they mentioned getting a solicitor to give me some emergency document which would give me power to re enter the property at least until probate, as my head was all over the place i did niot take it all in. are you aware of what he may have been talking about.
Expert:  Clare replied 1 year ago.
Hi
Since you are in fact a joint owner of the property you have no need to do that - you are the only person with the right to be in the property.
However if you woudl feel happier with that option you can indeed apply for an Occupation Order - details here
http://www.adviceguide.org.uk/wales/relationships_w/relationships_relationship_problems_e/relationships_relationship_breakdown_and_housing/relationships_common_issues_-_relationship_breakdown_and_housing/relationship_breakdown_and_housing___occupation_orders.htm
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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