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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Dear Sirs, your help and guidance please. 1) My son and I

Customer Question

Dear Sirs, your help and guidance please.
1) My son and I own a property as tenants in common. 53% my son and 47% myself.
2) He and his wife plus three children mainly occupy the property. One child is disabled.
3) There relationship has completely broken down.
4) She left the property some four weeks ago taking most of her belongings to and staying at her parents.
5) The children have basicaly been shared between the two parents.
6) The wife has applied for council accomindation for her and the children.
7) She also has applied to the court for occupancy of the property and a hearing arranged for Tuesday 31st March.
8) My son, who would in reality would be the better parent and carer, would be more than happy to take care of his children but obviously the wife is currently the main carer receiving to her name all associated benefits and dis-ability vehicle.
9) The wife has lied badly about many things, including her drug taking and other activities but has obviously been building her force cover image and stories for some time before taking the action of leaving.
10) The 47% of the property represents my pension but no payments have ever been made to me.
11) What action can be taken to defend my interest in the property?
12) Can the wife be granted occupancy with the children in these circumstance?
13) The order to attend court on the 31st was only received on the 27th March and it is dated 5th March, hence leaving us no real time to respond or prepare, is this legal?
Thank you for any help and guidance. Yours Sincerely, ***** *****.
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.
How much is the property worth and how much is outstanding on the mortgage?
How old are the children?
Clare
Customer: replied 2 years ago.

Greetings Clare. Thanks for the response.

1) Property value approx. £300k.

2) My son is responsible for a small mortgage of £67k, although I am named on that mortgage.

3) My son and his wife have other joint debts which it looks like would leave them in negative equity or nearly.

4) As my son and I are tenants in common I believe my percentage could not be included in any settlement between them.

5) The property which is still occupied by my son, in the main, is happy to become the main carer for the children.

6) His wife has now had delivered a court summons to appear at court on this coming Tuesday 31st March. She is requesting temporary occupancy of the property on the bases of the disabled daughter in law, plus abuse by my son, which is not correct in any way. She vacated the premises on her own free will and my son has offered her accommodation within the home in a separate lockable room which she has declined. This being until she was re settled.

7) She has been living at her parents for approx. 6 weeks with their support. The children have been ferried between the two homes.

8) She has applied for housing via the council.

9) The better parent by far and over all is my son.

10) The wife is guilty of lies, drug use and drinking.

11) The three children's ages range between 2yrs and 7yrs.

12) The worries are as follows: a) that temporary occupation will leave my son homeless and become permanent. b) that I will never be able to retrieve my equity in the property which represents my pension and of which I have not received any payments for over the last 3 years, (I am now approaching 69 yrs of age), plus having supported them to the extent of £7.5k. c) That an order can be put in place on Tuesday without due investigation.

Hope that's enough information. Thanks for any help.

Yours Sincerely, ***** *****.

Expert:  Clare replied 2 years ago.
Hi
How much does a three bedroom property in the same general area cost to buy?
Does your son work?
Clare