Occupiers Consent Form

[Annette1952]

Hello, good morning,
I am 66
Following my husband passing away, I gifted my house over to my eldest daughter,son in law and family in 2017.
Since them things have gotten uncomfortable between me and son in law.
He has been verbally abusive etc.,
So, I have been told there is some law which says I can change my mind within a few years(5i have been told) but I am not sure at all that this is correct.
We had a discussion with my daughter and son in law quite a while ago and she asked me how we go forward and I said it maybe best if they move out and sign the house back to me...to be told that this cannot happen as they have taken out a massive load against the house.

I have never been asked to sign an Occupiers Consent Form, is this legal?

I hope someone can throw some light on my problem, apart from with hindsight I should have thought better.

Thankyou

There are a number of problems with what you have done, and none of it looks good for you. There was a thread recently on Legal where someone was contemplating doing something similar, and after having the potential pitfalls pointed out to her decided to rethink.

Your issues are:

1. They could ask you to leave immediately.
2. It might be seen as deliberate deprivation of capital (so that if you have to go in to a care home you might lose the right to financial support).
3. As you have seen, they may be able to take out loans secured against the property.

The Occupiers Consent form is in all likelihood a document a proposed lender needs you to sign before they will approve a secured loan. You must not sign this.

There is a possibility that you may have preserved some residual interest in the property, but you really ought to be taking the advice of a specialist property litigation lawyer.

Thanks for your reply

Unfortunately in transferring the house to them it becomes their house That sounds like stating the bleeding obvious but I do think people often forget this
It is their house and you are there at their goodwill
They can sell or borrow on the house if they want
The owners occupiers form is a bit of a red herring Only really kicks in if Lender seeks to repossess

My Dad signed the house over to his other children twenty plus years ago. Following the death of my Mum they scattered to the winds and having not seen them for 8+ years he was at a point of regretting doing so as they hadn't seen him in that time. He couldn't do anything other than ask them to sign it back (which fortunately they agreed to, had it been a year later when one of them got a new partner who's as dodgy as they come it may have been a different matter!). When he later signed it over to me our solicitor strongly advised a legal agreement guaranteeing his right to stay in the property. Unfortunately OP I think it'll be the same for you, if they refuse there's not much can be done