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What can we do? House contents

(9 Posts)
goodmum123 Wed 19-Mar-14 13:46:13

Having a nightmare two years. Fil died over two years ago. Will was changed day before he died allowing wife (husbands step mother) to live in house until she cohabits with someone else for three months or more, or does not use it as her principle place of residence. She has been with someone since full died and they live between his and her houses (not the house in question- now been empty for two years!). We are going to court but she is denying everything, it is very nasty.

The house is left to husband with the 'contents entirely' when she has finished living there. As I said she has by redirecting mail etc and we have CCTV. And we are going to court to gain possession

CCTV has brought to light many instances of her removing items from the house with her boyfriend on camera! It is very upsetting. Things include: PC, washer, dryer, gardening stuff, vacuum, crockery, chairs, on and on.
What can we do? The solicitor warned her about this a year ago when we caught them red handed and called the solicitor for advice

But she continues late at night after dark and it seems there's nothing we can do! Any legal experts out there that could offer advice as I'm reaching boiling point but keep out of the way as there is a court case in the summer.

Thank you

Rosa Wed 19-Mar-14 13:49:09

Can you itemise everything as best you can as to what was in the house - to tell the courts. Take pictures of everything that is left there before she removes it all ?
No legal advice sorry but hoping somebody cam help you

goodmum123 Wed 19-Mar-14 14:23:12

Thank you. We are not allowed entry! As that is classed as trespassing. However, we have great memories, some old photos showing some of the items and CCTV of her removing the items after dark and records of a warning from the solicitor.
Thank you rosa

goodmum123 Wed 19-Mar-14 17:28:37

Any more advice please?

JaneinReading Wed 19-Mar-14 18:02:02

You are going to court to get possession. I would speed that up as much as you can. perhaps draw up a list of contents you have seen taken on the CCTV with rough values of it which you send to her every time you find more items taken.

i suspect your loss it is the value of second hand items - old PC, old washer - they do not get much second hand so I doubt the financial claim would be anything like as big as the house value.

Has your solicitor said your husband cannot go into the house he owns? Surely if the will says she has a temporary right to live there in certain circumstances but in fact she does not meet those conditions then your husband could get a locksmith round and move in and she would fail in any injunction to get him out?

goodmum123 Wed 19-Mar-14 21:47:46

Thank you janeinreading.

We are going to court to gain a possession order because if we enter and change the locks we are trespassing and possibly harassing. The case is nasty and she has accused husband of harassment already, completely false, in fact the other way round.

She has lied on all counts on her signed statement for court and says that she hasn't given up the house and us moving back.

It's a dreadful situation.
Apparent evidence exchange??? At end of April with court in the summer.

Just want it all over.

goodmum123 Thu 20-Mar-14 16:32:38

Any other advice please?

ajandjjmum Thu 20-Mar-14 16:36:47

What a horrible situation! Presumably you've looked into the validity of the will, ie. your FIL was mentally able to agree to it just the day before he died? I'm assuming that prior to the property was willed direct to your DH?

goodmum123 Thu 20-Mar-14 22:26:52

Yes ajandjjmum it was but we took the will in good faith as that must have been what he wanted even though questionable.. We didn't want to open a can of worms, just be fair. It's sad that we've gone through t it makes us stronger

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