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Evict family member?

(14 Posts)
Billowisp Thu 05-Jan-17 22:30:30

My mother lives next door in a house which dp and I own but she paid a substantial sum for renovations.
There is no legal agreement but verbally it was assumed she would live there as long as she needed and we would be able to provide ad hoc assistance etc when needed.
However things have changed and either she needs to move or we do (and possibly both) for financial reasons (I can no longer work due to ill health).
Can we 'evict' her to enable us to sell or rent out the property for income?
Or do we have to downsize and she stays there even though we would not be close enough to assist as much?

Have you had a falling out and no longer want to support her? Or is the change 'just' for financial reasons? If the latter, is there any reason you can't discuss it with her and come up with a solution, rather than evict her?

Billowisp Thu 05-Jan-17 23:44:49

We have tried talking to her but she just doesn't/ won't understand; keeps saying we are throwing her onto the streets (she has £500k in the bank! )

nancy75 Thu 05-Jan-17 23:46:04

Can't she pay rent?

MrsBertBibby Fri 06-Jan-17 08:38:06

What kind of renovations? Did you discuss the basis on which she paid for them?

pklme Fri 06-Jan-17 08:43:00

Move in with her? Remortgage her house? Sell both and get a house and grannyflat?

Tell her one of the above is happening, unless she wants to pay rent.

This is really tough, I can see she would feel upset and misled.

specialsubject Fri 06-Jan-17 09:48:23

Circumstances have changed . that is life, not being misled. Mother is an adult and will have to suck it up.

DaftJelly Fri 06-Jan-17 09:50:58

She'll just have to start paying you market rent. It sounds like she can afford it.

How on earth did you end up in this situation? You've done yourself out of potentially tens of thousands of pounds while your mother sits on a half a mill shock

Collaborate Fri 06-Jan-17 11:32:38

I sometimes wonder whether those commenting on threads are aware that this is the "Legal" section?

It sounds as if your mother has a a right to remain in the house for as long as she wants. That was the understanding reached when she paid for the renovations.

I suggest you google "proprietory estoppel".

MrsBertBibby Fri 06-Jan-17 11:38:38

Or read this lot

www.lawgazette.co.uk/legal-updates/probate-proprietary-estoppel/5046559.article

Billowisp Fri 06-Jan-17 17:38:08

Thanks Collaborate and Bert. Does that mean if we move away so are unable to support her on a day to day basis she has some claim against us for moving there when we can no longer fulfil our side of things?

DelphiniumBlue Fri 06-Jan-17 17:45:37

Presumably you're planning to reimburse her for what she's paid out for the renovations?
You are in a very complicated position legally, and need proper legal advice , based on all the facts- for example, it may be possible that she has acquired an interest in the house.
This wouldn't preclude you from selling, but could affect how much you have to pay her.

MrsBertBibby Fri 06-Jan-17 20:35:15

Did it not occur to you to take advice before you got into this setup?

Collaborate Sat 07-Jan-17 08:44:57

She actually may be able to get the court to declare a trust, with her able to prevent you selling it. That would put in to effect what you started way back when you let her spend her money on your house.

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