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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10772
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife and I bought a buy to let property in March 07 with

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My wife and I bought a buy to let property in March 07 with a view to renting it to our son on a non profit making basis (ie rent = mortgage). The agreement was on a very informal basis with nothing in writing. He moved in with his then girlfriend whom he subsequently married. Everything was fine until a few weeks ago when she told him the marriage was over and he left the home.
She has now informed him that a home rights notice has been raised on the property and is also claiming that she has a beneficial interest in it. She is now demanding a 5 figure sum to have the notice removed, vacate the home and to withdraw any claim for beneficial interest. We have not been advised by the land registry that such a notice has been raised but she is adamant that it has.
We have trawled numerous web sites looking for information but they all seem to focus on either the husband or wife being in ownership of the matrimonial home with no information regarding third party ownership
The reality is that my wife and I own the property and we pay the mortgage, it is our names that appear on the title deeds.
The questions I need answering are
Given the information above is it possible that a home rights notice could be attached to the land registry records of the property in question?
What would constitute a beneficial interest and how would she have to justify such a claim?
She is no longer paying any rent and my son has had to find alternative accommodation and is in no position to pay for 2 rental costs, how can I legally get her out of the property?

Many thanks

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You are quite correct in that your daughter in law is NOT able to register any such Home Rights Notice as any such Notice can only be registered if one of the spouses owns the property, which is not the case here.

She did of course have rights of occupation under any "tenancy agreement" she had with you, but I note she has since vacated.

As regards ***** ***** interest she may have, such an interest only arises if a party has spent money on improving a property. So, for example, if she has spent £x

fititng a new kitchen or adding a Conservatory, she has acquired a beneficial interest based on the increase in value this addition has given to the house.

The mere payment of rent or other household bills does NOT creat any type of beneficial interest at all, and nor does her mere past presence in the property.

I hope this assists and set sout the legal position to you.

Kind Regards


Customer: replied 3 years ago.

Hi Al

I think you have misread part of my original question, My daughter in law has not vacated the property, is no longer paying any rent and has demanded £10,000 to leave. I therefore need to understand what I need to do legally to get her evicted.

As far as beneficial interest is concerned any improvement to the property was paid for by my son. She has never worked. Is she entitled to anything?

Hi Ray,

Apologies for my mistake

She certainly does not have any right to demand £10,000 to leave, although she does have a right to reside in the property under the terms of her "Tenancy" with you.

As with all residential Tenancies, if she is no longer paying the rent, you do have the right to evict her, but this has to be done via the County Court and until you have been able to obtain an Order for Repossession.

I confirm that she does not hold any beneficial interest and hence is not entitled to a penny. It is whether she holds you to ransom as regards ***** ***** property.

I would therefore recommend that you speak to a local Solicitor just a ssoon a spossible to advise and assist you with the necessary paperwork if she does not willingly vacate.

I hope this heps.

Kind Regards


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