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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33956
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My daughter and her would be mother-in-law purchased a property

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My daughter and her would be mother-in-law purchased a property as joint holders for residential purposes. Later after her marriage , her mother-in-law rented the property and the mortgage was being paid out of the rent proceeds. Almost two years back , my daughter has seperated from her husband and she now wishes to occupy the property for her self residence and pay the mortgage and as such , has ,seved the notice to the existing tenant to vacate the property and also informed this to her mother-in-law , the other co-owner. Her mother-in-law is denying her the right to move into the property.
Is my daughter , as co-owner of the property , rightfully entitled to posses the property for her residential purposes and pay the mortgage. Does her mother-in-law , the other co-owner of the property , could rightfully stop her from doing so.
If my daughter has the right to use the property for residential purposes , what steps she should take in order to do so.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I will need some further information first.
How much is the house worth and how much is outstanding on the mortgage
Clare
Customer: replied 2 years ago.

We are Indians. My daughter was employed with JW Marriot Hotel and we were searching for a husband for her. Her husband and my daughter were introduced to each other through a matrimonial web site. At that time , my daughter was in full time employment with JW Marriot Hotel.As with all other girls , my daughter ( Khushboo - I shall refer to her with her name henceforth ) also wanted to have a place of her own after marriage. She liked the boy and once the marriage discussions were underway , she expressed the desire to her mother-in-law ( Grace- I shall refer to her with name henceforth ). Grace suggested her that they both buy a property jointly and after marriage they could move into that which Khushboo agreed. Of both of them , Khushboo was the only one with full time employment. As such her credentials were used to secure mortgage. However, the down payment was made by Grace. It was also agreed that once khushboo could manage to raise some funds , she would pay her share of the down payment to grace. This was done later after marriage.

Later Grace persuaded Khushboo to live with them jointly as the mortgage was to be paid. As such the property was rented and the mortgage is being paid from the proceeds of the rent. As a matter of fact there is a saving of GBP 100 from the rent proceed as the rent is GBP 1000 and the monthly mortgage payment is GBP 900.

The property was purchased for GBP 1,60,000 for almost 6 years back and the mortgate is for around GBP 1,95,000. ( I am sorry , but as the entire dealings were being handled by Grace , I do not have exact figures. Khushboo also does not have a copy of the property papaers ,except a copy of the letter from the lander approving the mortgage with supports her claim as co-owner of the property)

I wish to make it clear at this point that Khushboo does not with the acquire that property as sole owner , she just wishes to occupy this for her residential purposes and pay the monthly mortgate to the lander. She does not wish to disolve the ownership rights of grace , but it is that insted of living in a rented property and pay rent elsewhere , she wishes to live in her own co-owned property and pay the monthly mortgage.

Since Khushboo has sepered from her husband , grace is all out to harass her in ever way , i wish to know , whether Grace has any right to deny her entry and residence into the jointly owned property. As grace was handling all transaction related to the concerned property , she is in direct contact with the lender and as the rent was being paid into Grace's account , the monthly payment of mortgage was also being paid from Grace's A/c. Now if Khushboo wishes to occupy the property and pays the monthly mortgate what spteps she should take .

Khushboo has no intention to possess the property , but by moving into her own co-ownered property , she shall save lot of hassels as also contribute to the mortgage.

Expert:  Clare replied 2 years ago.
Hi
May I just check - did your daughter ever live in the property?
Clare
Customer: replied 2 years ago.

No. Right after possession of the property was taken , it was rented out and still is on rent.

Expert:  Clare replied 2 years ago.
Hi
As a joint owner of the property your daughter is allowed to take up residence once the tenant leaves and her mother in law cannot prevent it
However she can apply to the court for an Order for the sale of the property at any time
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks. What if her mother-in-law stops her move. Could she approach police to enforce her right or she has to approach a court.

Secondly , as I have informed you earlier , so far grace was handling all issues of payment of monthly mortgage , the rent was being credited to her A/c and the monthly mortgage payment was auto debited from her account.

Now as my daughter has decided to pay the monthly mortgage , will she have to contact the lender and set uo auto debit from her account. Can the lender object to this or can the lender ask her to obtain consent from her mother-in-law to do this. I wish to make this clear that my daughter and her mother-in-law are not at good terms and the later would employ all moves to stop my daughter from entering the property.

Expert:  Clare replied 2 years ago.
Hi
Just to alter the approach a moment, what financial contribution has your daughter made to the property she has been living in?
Who else lives there?
Clare
Customer: replied 2 years ago.

thanks.

As I have informed you earlier herein , the property under consideration was jointly purchased by my daughter and Grace ( Her mother-in-law ) before marriage of my daughter to Grace's son.

After possession of the property was taken , it was rented out to tenants. So at all time it was occupied by a tenats only and neither my daughter or her mother-in-law or any member of the family ever lived in the property. Still the concerned property is being occupied by a tenant.

The property was purchased in 2009 almost 8 moths before marriage of my daughter to Grace's son. At that time my daughter had no funds so , as mutually agreed between both , she contributed by putting in her credentials and the required down payment was made by Grace.

Later my daughter secured a bank loan and as desired by Grace ,paid a sum of GBP 11,091 into Grace's two bank accounts .

Expert:  Clare replied 2 years ago.
Hi
I am sorry I should have made myself clearer.
What contribution has she made to her matrimonial home - the home in which sh lived with her husband. Are there any children involved?
Clare
Customer: replied 2 years ago.

Thanks. No there are no children. My daughter was employed and her salary was being paid into her joint account with her husband. I can not specify any significant financial contribution but as member of the familty , she contribuited in all household work as also from her own funds made purchases for day to day need of the household.

Expert:  Clare replied 2 years ago.
Hi
Did she pay towards a mortgage or any alterations or improvements to the property?
Clare
Customer: replied 2 years ago.

She did contribute but nothing significant to prove.

Clare , I feel we are deviating from the question I raised. From the initial stage , my concern is about the property which my daughter jointly purchased before her marriage with her would be mother-in-law. This property was rented out immediately after it was purchased and is still occupied by a tenat.

My daughter , who is co-owner of the above property is all the time since she seperated from her husband and moved out of the house where her husband and his parents lived , is living in a rented shared flat. I wish to make it clear that the house in which my daughter lived in with her husband after her marriage is owned by my daughter's in laws and she no longer stays in that house.

Now my daughter wishes to move into the house which she co-owns with her mother-in-law and also pay the monthly mortgate due on it. You replied to me earlier on Jan. 5th that as co-owner of the property she can move into it after the tenant vacates.

My further question to you in response was , what action would be required if my daughter is prevented by her mother-in-law to move into that property.

Though my daughter has served notice to the existing tenat to vacate the property expressing her desire to move herself into it for self residence. Is any further action is required if her mother-in-law ( the other co-owner of the property ) tries to prevent her from moving into that property.

Can my daughter's mother-in-law ask the tenant not to vacate the property or can she put anyother hurdles in my daughter's way of moving into that property.

While considering the question , I wish to write that my daughter has no intention of usurping the right of her mother-in-law as co-owner of the property.

Expert:  Clare replied 2 years ago.
Hi
Your daughter may have to take action to evict the tenant.
Once the tenant is evicted there is no action that the mother in law can take to prevent her moving in
She can however apply to the court for an order for the immediate sale of the property to which there is no defence.
The lender does not care who pays the mortgage so long as someone does so.
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33956
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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