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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an owner of a mortgage free, freehold property (95 Something

Customer Question

I am an owner of a mortgage free, freehold property (95 Something Road) and live at home with my wife and children, parents and brothers. My wife and my children will be moving out of*****in a couple of months, and moving into another property of mine which still has a mortgage (112 Something Road) and which is also in my name. The bills and all post etc to do with myself and my wife will be transfered over from***** to***** This will then be my permanent address, whereas my parents and brothers etc will remain at***** for the forseeable future.
My concern relates to 'squaters rights' type issues, where I am concerned that over the relavant time period (e.g. 10 years), one of my family members who resided at the property may put in a claim for possession of the property.
How can I protect myself from such a claim from family members, and without them being aware that I have applied for/instigated such protection?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Sorry, a correctee sentence above should read: ... Myself, my wife and my children will be moving out of*****in a couple of months, and moving into another property...
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What financial contribution will the family members be making to the property?Clare
Customer: replied 11 months ago.
The have made no financial contribution to the property in question (95 Something Road). All the contribution was mine. The property no longer has a mortgage and is freehold in my name.My concern is that when I move out of the property, and they continue to reside there, they may gain squaters rights over the years and someone may claim the property for themselves. This is what I would like to block/avoid. Is there a legal process for this. Also, it needs to happen without them knowing that I will be protecting my interest on the property.
Expert:  Clare replied 11 months ago.
Hi
In fact there are no such thing as "squatters rights" and living in a property does not give your family any claims whatsoever
Only if they made or make a financial contribution to any improvements would there be any possibility of a claim
Please ask if you need further details
Clare

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