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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13553
Experience:  Barrister 17 years experience
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Doea an oral agreement with a co habittee to coninue living

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doea an oral agreement with a co habittee to coninue living in the house after death continues to give legal right of residence
JA: Where is this? It matters because laws vary by location.
Customer: in London
JA: What steps have been taken so far?
Customer: none. There is no will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: co habittee was invited by the decaes to live with her an dwas told by the deceased that she should live in the house after her passing away. The deceased had told her that she had no relations with her next of kin and did not want any of her cousins to come out of the wood work. co habittee is not claiming right to ownership of the house but just right to continue to live in the house rent free as agreed with the deceased dururing her life time.

1.  I am your Expert and Welcome to JustAnswer.  Thank you for your question and I will help you with it today.

2.  I regret to say that an oral agreement with the owner of a property that the other co habitee can continue to live in a property after the death of the owner does not give a legal right of residence.  This is because once the owner has died, the property would then be owned by someone else, under the rules of succession and the new owner would be able to decide who was to live in it.  If the co habitee is desirous of obtaining the right of residence in the house after the death of the owner, then they need to make provision for this during the lifetime of the owner, by registering a formal right of residence in the Land Registry as a burden on the title.  This burden would then affect any new owner of the property there might be.  However, this needs to be done whilst the owner is alive as it cannot be done once they are dead.   However, a simple oral agreement is not sufficient to affect any new owner of the property.  This is why the right of residence needs to be registered as a burden on the title whilst the owner is still alive.

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