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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23791
Experience:  Senior Partner at Berkson Wallace
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My mother used to own her council house, this is a house she

Customer Question

hi theremy mother used to own her council house, this is a house she shared with my step father. around 2001 my mother sold this house to my sister without involving myself or my step sister. in fact we only found out what my mother and sister had done many years later. now my mother his died, and my step father is living there on his own wondering when he will to be frank, get moved out my my sister. what is my and my step sisters recourse ?
Submitted: 22 days ago.
Category: Family Law
Expert:  Stuart J replied 22 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I assume they were married?

did your mother leave a Will do you know?

and what do you think your sister is likely to do now?

Expert:  Stuart J replied 22 days ago.

Let me answer this as far as I am able with the limited information I have to hand.

A lot depends on whether the sale by your mother to your sister was a genuine sale for money or whether your sister coerced your mother into doing it.

Assuming that it’s a genuine sale than your sister is now your stepfathers landlord in exactly the same way as if she was not your sister.

Your mother had a tenancy at will but we don’t know whether she paid rent or not.  Your stepfather have the automatic right to live in the property by virtue of it being the marital home but that only applies insofar as there is in effect occupation by the married couple as a occupier/licensee/tenant.

Your sister is now your stepfathers landlord and if she wants him out and she’s going to have to give him notice although the notice period changed on 1 June to 4 months.

I’m sorry, I wish I could give better news.  Your stepfathers fairly and squarely in the hands of his landlord, your sister.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards