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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter and her family have been living with me for 3

Resolved Question:

my daughter and her family have been living with me for 3 years plus, they have contributed to all household bills and spent quite a considerable amount on alterations that have benefited them. Unfortunately they have also bit by bit takeover the house and our relationship has broken down beyond repair, the only solution is for us to part company but i am not sure what my legal rights as house owner are , or what rights they have to remain in my house
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

How much is the house worth and how much have the alterations they paid for increased the value of the property?

How much is outstanding on the mortgage and have they also paid towards that?

Customer: replied 1 year ago.
Hi firstly can I say that I am very concerned about the cost of this, I thought I was paying for a one off consultation for some general advice , but it would appear that you firm is going to take a monthly fee , I am not in any position financially to do this and would like your assurance that this will not happen, I am already under a great deal of stress due to the situation and cannot have anymore additional worry .
Would you please get back to me to assure me that you will only be taking this one off payment from my bank
Expert:  Clare replied 1 year ago.

I am afraid that I am not involved with any of the financial side but I will ask the Site Admin to ocntact you regarding this.

We however can go ahead on the basis that this will be a one off

Customer: replied 1 year ago.
The house is worth approx £175000
There is an outstanding mortgage of £54000 and my daughter has paid the mortgage for the past 16 months approx,I would imagine the alteration have added approx £10000 max to the value, however they have not violets the work and have infact damaged other parts of the house.
Their paying of the mortgage is part of the agreement and is at the moment reflected and taken into account in my will thereby ensuring they are not out of pocket .
I appreciate this is a complex situation , but I was just hoping for sow general advice as to my position, I genuinely would like to find a mutually acceptable solution to this issue, and I have no wish to see them out of pocket, but I cannot continue to live like this
Expert:  Clare replied 1 year ago.

What is the monthly mortgage payment

Customer: replied 1 year ago.
£567.00 per month
Expert:  Clare replied 1 year ago.

Was there any written agreement when your daughter and her family moved in?

Customer: replied 1 year ago.
No nothing in writing ,
Expert:  Clare replied 1 year ago.

,

Expert:  Clare replied 1 year ago.

You are the owner of the property and your daughter and her family have no right to be there unless you wish them to be.

You can give them "reasonable written notice"to leave - possibly 3 months in this case although 2 months would be ok.

The fact that they have paid for improvements to the property and have paid the mortgage does give your daughter a financial interest in the proceeds of sale and you will have to negotiate with her what the payment should be - and how you will pay.

You may wish to discuss this with her using Family mediation to try and reach an agreement acceptable to you all

I hope that this is of assistance - please ask if you need further details

Clare

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