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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Good evening, I bought my property in 12/2010 where my 1 daughter

Customer Question

Good evening, I bought my property in 12/2010 where my 1 daughter and her boyfriend, son and another daughter. All of which signed a disclaimer of any claim to my property including any future sale.
Both of my daughters have now left home, my son still lives with me and his girlfriend moved in last September after a disagreement with her landlady. At this moment in time she is expecting their first child and has not signed a disclaimer. Does she have any legal rights to my property including the future sale?
I thank you for your time
Kind regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Please be rest assured that she does not acquire any financial interest in your proeprty, merely by residing there. Indeed, she will not acquire any legal right to remain living in the property, in that all she has is a Licencne to remain living there, for as long as you are happy to do so.

A Licence is whereby a third party moves in and lives with the owner of a property. This is not a Tenancy, which only applies if the third party lives in a property without the owner living there also. Under a Licence, the owner can ask the third party to leave at any time, and it would be normal and reasonable to give the third party 28 days to vacate.

Only if she were to financially contribute to adding value to the property, would she have any financial interest in the property. ie if she paid £10,000 for a Conservatory for example. Even if she were to pay towards the utility bills, she would not acquire any financial interest and nor would she gain a greater legal interest in the property, other than what she has at the moment- namely a Licence. Only if she adds value to the property would she then be able to claim that money back on any subsequent sale.

I hope this assists and sets out the legal position to you.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Good Evening Al, Thank you for your reply, however, the question of my son's girlfriend having any legal rights to prevent me selling my house and/or a claim for any rights with their baby in the house?

Thank you

Jane Jennings

Expert:  Aston Lawyer replied 2 years ago.

Hi Jane,

Thanks for your reply.

I confirm that your son's girlfriend does not have the power to stop you from selling the property- the only way she could cause problems is if she physically refused to move out upon any sale.

I hope this clarifies matters.

Kind Regards

Al

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