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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother inlaw has lived in our house for over 5 years and

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My mother inlaw has lived in our house for over 5 years and things are getting bad for my husband and I......can we legally evict her?.......she is not named on our mortgage.......she is 80 years old and a nightmare to live with......she has been verbally and physically aggressive towards me.......any advice would be welcome

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Does she pay any rent?

Customer: replied 9 months ago.
No......we pay for everything......she has never paid for anything and we have never asked her to
Customer: replied 9 months ago.
When she sold her house after she moved in with us.....she gave my husband some money on her own accord and he paid some of this off our mortgage
Customer: replied 9 months ago.
Is there any advice for me?.....or is that all?

My name is ***** ***** I shall do my best to help you

How much did she give him and was it on the basis that she would continue to live with you both

is she capable of caring for herself?

Customer: replied 9 months ago.
Oh....i thought i was talking to someone called jamie.....there was no agreement formally....she is able to care for herself
Customer: replied 9 months ago.
We did have a deed of trust drawn up in case we died b4 her to stipulate that my children could not sell the house ..... but no agreement 4 the money she gave to my husband
Customer: replied 9 months ago.
I just need to know if we can legally ask her to leave and find somewhere else to live
Customer: replied 9 months ago.
Hello?

How much did she give your husband?

Customer: replied 9 months ago.
Please can you tell me how this is relevant?

It is a matter of proportion.

From what you have already said it does seem likely that there was an understanding at the very least that she was "buying" the right to stay in the property for the rest of her life.

Now of course if she only contributed a relatively small sum then this is less likely.

If however it was substantial sum then whilst you can ask her to leave you will need to return the funds - not least because it is likely that she may need to go into a care home and funding will be an issue.

As things stand you can ask her to leave BUT there will be possible financial issues BUT your safety does have to come first

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

Customer: replied 9 months ago.
She gave her son half of the proceeds from her house sale....£46K.....she said that he may have it now and not wait until she dies......he decided to pay this off our joint mortgage.......so surely she was not actually buying the right to stay?
Customer: replied 9 months ago.
Could it not also be said that she just gifted him this money?

The mere fact that you had a Declaration of Trust drawn up negates that argument I am afraid

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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