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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10399
Experience:  I have been practising for 30 years.
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I have lived in my property over 20 years ..I have put in a

Customer Question

I have lived in my property over 20 years ..I have put in a new bathroom
and kitchen added a conservatory replaced all the windows . .maintained it to a very high standard.....the bank own it due to my ex husband making bad decisions without my knowledge.....hoiw do I stand as far as adverse possession please ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have never had any correspondance from the bank in those 20 years
Expert:  F E Smith replied 1 year ago.

Is the house in your husband’s sole name and if so, have you registered a Matrimonial Home Right Notice against the property before the bank took possession?

I can tell you now because you were living in the property with your husband, you were living in it with consent and hence, adverse possession doesn’t arise. In any event, adverse possession of a residential property has been a criminal offence since 2012.

Can I clarify anything else for you?

Customer: replied 1 year ago.
I have never lived here with my ex husband .....we knew the bank owned it but i have never heard anything from them in 20,years .....I am hoping to live in France next year and would like to think I will be entitled to something for improving the house
Expert:  F E Smith replied 1 year ago.

You may be able to make an equitable claim in respect of your contributions and improvements to the property over the years.

However you need to be very aware you do that, the bank could well come after you for the rent for the last 20 years if neither you nor your husband have been paying any mortgage. You haven’t mentioned that.