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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband wants sell our house in July but needs to evict s

Customer Question

My husband wants sell our house in July but needs to evict his sister, disabled husband, kids and her live in boyfriend who has been causing a lot of problems for us as a married couple. Who can help us with evicting her please?
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

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

On what basis are they currently living there?

Customer: replied 5 months ago.
Hello Clare,Sorry I only received your message now after refreshing the page.Briefly I allowed my husband and his sister to buy a house in February 2014 with money they inherited from a friend of their parents. They both received £90 000 and the 2 bedroomed house was bought outright. My husband then took out a mortgage of £120 000 to extend the house. From the day the house was registered in my husband's name, she cut me off from all communications, would only discuss house developments with her brother and to this day, a year and 3 months after moving into the new house, with boyfriend moving in as well, she still doesn't talk to me. She blocked me on Facebook the day after we moved into the new house because I walked in on her and the affair in her daughter's bedroom. Life got even worse after this incident. She proceeded to make up stories and got her step mother and mother to fight with me while she was conveniently not around and always when my husband was not present. When I walk into my house she closes the kitchen door in my face. If she and the affair are watching to in our lounge she doesn't invite me in to join them. I don't get called for dinner and quite frankly haven't eaten with them since December 2014. I have mainly l lived in my bedroom and had to get a lock for the door in the new house because if I went away for a few days to visit friends in Cambridge or Kent she would put her mates in my bedroom and try to deny anyone slept in my bed or went through my personal belongings. When her mother came to visit for a week from Wales, they sneaked out together every day to have breakfast or lunch in town and left me entirely to look after her husband who is infirm.My husband works in Saudi Arabia with BAE Systems. I cannot visit him for longer than 3 months at a time so need to live in my house while I wait 6-8 weeks for my next spousal visa before I can return to him.I have mainly lived in hotels on at least 6 occasions in the past year, it has costed us a lot of unnecessary money.We were married in June 2014 and three months later the sister in law bought the fitted kitchen while I was away. We were supposed to choose all fittings in the house together, but she never kept her word and took over completely, leaving me in the dark about all developments.We are now finally fed up with her manipulative and mean behaviour. I'm on anxiety medication and have anxiety attacks when it's time to go back to that house. Our marriage is under tremendous strain. I don't know what it's like to be normal anymore, she has painted such a bad picture of me to her mother, who doesn't acknowledge anyone married to her son anyway. Mother in law also seems to have this incredible entitlement to walk into our house as if she owns it. I have never cooked on my stove. All I'm allowed to do is clean and look after her husband, otherwise my presence is not needed at any other time of the day or night. None of my friends have seen the house yet.
Customer: replied 5 months ago.
My husband told her on the 28th of April that this house sharing is not working and that he wants out. We had the house evaluated and it is worth £350 000. He wanted to give her a chance to buy us out for £230 000 but she has just announced that "funnily I haven't been able to find £230k. His mother wants a meeting with him, saying "I'm going to sort this out". I don't need her interference again. She made us get married in the UK when we were a credit card payment away from paying for our wedding in Las Vegas, a place my husband was keen to show me. We have bent backwards for this family, always giving in to their wants and shockingly, the mother still goes round telling people that my husband is "so tight with his money" even though he paid £6000 for her caravan two months before we got married, to which she paid only half back, complaining that she had no money to go to Belgium for her wedding anniversary, so my husband let her off. His decision I know, but he has realised he has given enough these past three years and it's now time we finally got a home of our own.We are in Saudi Arabia at the moment and will return on the 21st of July to put our belongings into storage, move to a furnished flat in the Manchester area, where I will stay behind after he leaves three weeks later. Our POA should be registered by then and I will be able to view properties to buy when we get the house sold.We will need to evict her, her infirm husband, who is on the highest care package and two sons, one under 18 years of age.
We have not charged her any rent, she only pays the utilities except for the water bill which we paid in advance for the entire year. When the house is sold my husband will return her £90 000 and not a penny more. We didn't want decking in the garden and she had it built regardless.This week I emailed Staffordshire Social Services who referred me to Staffordshire Care. They referred me to a solicitor or the Citizen's Advice Bureau. I'm not confident with the CAB's services. I visited them about the abuse at home and they were no help. The police told me her boyfriend had to commit a crime before they would help me out. I visited Mind and after the first hour assessment was offered an appointment three months later. I was in a volatile situation where this boyfriend of hers was posting pictures of a stick man pushing another stick man down the stairs with the caption "I think somebody needs a pat on the back" yes I was scared of him. He doesn't look very educated. I learned that he had an affair with my sister in law when her children were little and my brother in law was running their pub, 14 years ago. My mother in law is now aware she has a boyfriend but nobody knows but me and my husband how long he has been living with us. As far as my brother in law is concerned, he thinks this old friend from long ago is "helping" out with the decorating of our house.Luckily we have interested buyers for our house and could sell it very quickly. We need to know how fast can we legally evict this lot and get on with our lives. Finding them a council house is not our responsibility.
Expert:  Clare replied 5 months ago.

When they purchased the house together was a Declaration of Trust signed dealing with how the equity would be shared between them?

How much is outstanding on the mortgage ?

Customer: replied 5 months ago.
There is no written contract at all. The sister in law has a bad credit. (She and her husband apparently declared their pub insolvent years ago and bought a house in Cyprus with the undeclared money, which the mother in law is renting out for them as she lives next door to their property in Cyprus). Not a nice thing to find out about one's in laws I'm afraid. She also has a house in Kettlebrook they used to live in, while they had the pub and has been renting it out since they left it to move to burton on Trent, where her husband started working at the Coors Brewery until he had his stroke eight years ago.The amount outstanding on the mortgage is around £100 000 now.Since the sister in law told my husband a week ago that she doesn't have £230 000 to buy us out, she now tells him that she is working on some options but would need his co-operation. I'm seriously afraid that she is going to suggest something illegal and I want no part in it.
Expert:  Clare replied 5 months ago.

So the property is worth £350,000 and there is £100,000 outstanding on the mortgage leaving an equity (allowing for notional sale costs) of £245,000

If there was no Declaration of Trust then your husband and his sister share that sum equally between them - so his offer to settle for £230,000 (to include the money to pay off the mortgage) is a fair one.

If he wishes to force a sale them he will need to write a formal letter to her saying that she either agrees to buy him out or to sell the property and if he does not have her proposals

within 14 days he will issue a court application

At the end of that time he can apply to the court for an Order for sale

He can read about the process here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

Please ask if you need further details

Customer: replied 5 months ago.
This is a copy of the email my husband sent to his sister in November 2014. We were married 3 months when in September 2014 she went against our agreement to choose things together for the new home and duly went behind our backs and purchased an entire fitted kitchen with her husband's money. She sold a motorbike he cannot drive because of his disability. I was beyond heartbroken that she once again did things to suit herself without telling us. My husband said she did this so she could choose what she wanted, which was a total back stabbing gesture from her, and therefore he wasn't going to refund her this money. I never got over this and subsequently things got much worse because her secret affair had already started living with her in October 2014 and hasn't left yet."Hi,This is sent as an email as it's to long for a text message. Nadia is desperately unhappy at the moment, she is feeling unwanted, unliked and totally disrespected. Her stuff is just chucked back in her room, any ideas or things ignored, and her room not respected and let out to anybody when she is away. And quite frankly I agree with her. She is being left out of house stuff unless I'm around and the kitchen was the final straw. I didn't realise how upset she was over it. At the moment I can't see us living together in one house working, I need Nadia to be happy as she is my wife and my first priority. It's no use you having a go at her over this email, it will only make things worse. She doesn't need your tough love, but to feel included and not made fun of behind her back. I'm saying that you must treat her better. I don't want this situation to continue as I can't see my wife so unhappy. If it comes to it I will sell the house and pay you back the money. Something I don't want to do as I know how much it means to you and to me with all the efforts put in, but like I say Nadia is my priority. So don't get upset with her by this email and don't give her grief over it. Give any shouting to me for letting things get this bad. Basically I'm asking you to respect my wife, involve her even if it means you making an effort! This is a serious email not a joke one, I am asking you nicely to earn Nadia's trust again. I know this may sound odd but I'm not good at saying or writing what I feel and find it difficult to talk about feelings, I assumed that things would sort themselves out but it would appear they won't. Hence this email so please act on it before things get worse. "
Customer: replied 5 months ago.
There is no dispute as to who owns the house, it's in my husband's name and we need to get out of this situation and away from it all. As long as we allow her and her mother to manipulate us every time we get fed up of been locked out of the house, not fed, totally ignored and lied about to cover her manipulative behaviour, I will always have to live in hotels instead of my own home. I canno live there when the boyfriend is always around, pushing me away from even making a cup of coffee because he feels more entitled to live there.
Expert:  Clare replied 5 months ago.

Sorry - I thought you said that they purchased the property together?

Customer: replied 5 months ago.
They both put thei £90 000 towards buying the 2 bedroomed house and my husband is now paying the mortgage he took out to extend the house to a 6 bedroomed house.
Expert:  Clare replied 5 months ago.

But the property was placed in his sole name?

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