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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34286
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am 34 years old and moved into my grandparents house

Resolved Question:

Hi
I am 34 years old and moved into my grandparents house aged 15 years old, due to a bad relationship with my father. My grandfather passed away in 2005, and my grandmother passed away one month ago slightly unexpected. Due to my own finances, I stayed living with my grandmother, paying her board for living there. During the latter years I feel this was a mutual benefit - she wasn't as mobile and I was able to take her shopping and do bits around the house for her. Now she has passed away and the house is two be split three ways between my mother and two uncles. My boyfriend (who is buying his own house) and I would like to buy my late grandmothers house, as I have lived here most of my life I would like to stay here if I can as the house holds a lot of memories.
My boyfriend has been to a mortgage advisor who says it would be possible to change his mortgage to a buy to let, and buy my late grandmothers house between us. We will be using a third of my mothers inheritance (a ninth of the property sale price) as the deposit, and my boyfriends parents have said they will help out if money is needed up front.
The problem I have, is that the house is valued at between 110-115k, although my uncle, the executor, has been told it could get up to 125k if someone really wanted it. I am not expecting to buy it for less than if is worth, however my uncle now seems to have pound signs in his eyes. He told me today that he wants me out of the house in a month if I am not buying it. I have told him it is my intention to buy it, but I cannot sort a mortgage out any quicker than the time it takes. I am also going on holiday in two weeks for two weeks, effectively giving me two weeks to either sort the mortgage or find somewhere else to live. The whole situation has become very stressful, but I would like to know, what rights, if any do I have? I have offered to pay rent until it is sorted but they just want the house sold asap.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who is due to inherit the assets?
Clare
Customer: replied 2 years ago.
Hi
Thanks for getting back to me. My mother, and two uncles are to inherit assets. The house being the main one, and some money in bank accounts.
Expert:  Clare replied 2 years ago.
Hi
What provision was made for you in the Will?
Clare
Customer: replied 2 years ago.
I am not mentioned in the will at all. My grandparents made the will together before I lived with them. My mum has told me that the solicitor dealing with this said I could apply to stay in the house for a period of 12 months, paying rent. But I don't know much else about this.
Expert:  Clare replied 2 years ago.
Hi
There are two point sto make.
You could in fact make an applictaion to the court for financial provision from the Estate on the basis that you were dependent on your Grandmother for your housing and have been so since you were a child
This could be more than simply being able to stay there for a year - it could be a capital lump sum
In addition your Uncle cannot just evict you - he will have to go to court to make you leave.
I assume that you have no real wish to make the financial claim - and equally you do not wish to cause the estate legal costs.
However you can use these as negotiating points with your Uncle - and agree that you will pay the middle of three valuations of the property - pointing out that he will be saving Estate Agents costs with the sale to you.
I hope that this is of assistance - please ask if you need further details
Clare
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