Anyone know if db could use ‘squatters rights’?

[mooncuplanding]

My DB divorced his wife 5 years ago and moved in ‘temporarily’ with our DM

He keeps promising to get his own place but it’s been 5 years and every house has something wrong and there are no current signs of him moving out.

My DM is worried that when she goes, he’ll have a legal right to stay in the house and refuse / massively delay the sale of the house. I don’t think he will do that, but my DMs comments on this (she thinks he might!) made me wonder what his rights would be!

Does he? There is no formal arrangement between them and he pays a pittance of ‘keep’

I don't think squatters rights exist for private properties anymore so I sincerely doubt it

I'd just change the locks one day while he is out.

Your DM needs to give him a definite time frame for moving out, whether he likes it or not. He should have plenty put by since he's not been actually paying any rent & if he hasn't then he needs to go on a sharp learning curve. Your DM wants her home back, she wants peace of mind in making provisions that she wants carried out after her death. Be her support even if you don't think DB would be awkward. They've been famous last words in many families.

No he can't. Too many reasons to go into, but a potential claim for adverse possession is the least of your worries here.

does the 'cant squat in private property' apply to him. that law is newish and he started squating 5 years ago.

At best, he's a lodger, with zero rights.

Not a lawyer but think squatters rights are only there when you are using somewhere without permission - I know we have had to give permission to someone to walk their dogs across our field so that they can't claim it's theirs or that they've been using it (although maybe I am muddling up with gaining rights of access across land too).

However there might be something completely different that he could try to invoke...

Does she have legal insurance on her house insurance? Might be worth asking them if so as it will be free (well, she's already paid for it...) rather than having to go to a local solicitor.

They will be able to put her mind at ease or tell her what to do to ensure that he can't claim it as his.

Might also be time to start putting the rent up (even if she keeps itin an account for him to use as a deposit if he claims he doesn't have one) as a mechanism to help encourage him out... If she hasn't put it up since he moved in temporarily, then after 5 years it's a very reasonable thing to do and also to point out that her costs have gone up considerably since he has been there. Is he registered there for council tax? Given that your mum will be paying 25% more just for having him there as she will have lost her single discount, make sure that he is paying that amount at least on top of the rent. And make the rent more like a real rent - particularly as I'm guessing she cooks plenty of his meals, does his washing, the cleaning, etc etc...

God, I feel sorry for your mother. Why hasn't she clearly told him to just leave? Is she afraid of him? Maybe she needs someone with her so she can feel more confident in giving him notice (Not saying that should be you, unless you're up to it).
She obviously sees a side to him she's wary of of she thinks he'd do something underhand like try to keep her house after her death.
Ask your mum exactly what she wants and help her make a a concrete plan to get that.

Hilarious how everyone , a couple of impartial / practical advice responses aside, has jumped to massive conclusions about the brother and the mother here. It's her son, it's his mother's house, and for all anyone knows she probably loves him dearly and appreciates the company and security of having her son live there.

"Change the locks on him when he's out" 😂. My oh my.

The DM is worried that he will try and claim rights over her property. It hardly sounds like a perfect relationship.

Thanks for your replies.

I’m afraid many of the posts are on the right lines when they pick up there is something else going on here. She does want her home back, has asked him so many times when he’s moving out and he always has some excuse. As a pp has picked up on, it would have been my dad who was an ‘enforcer’ (he died) and she is very agreeable and finds it hard to ‘upset’ him.

I hate to say it but he’s also quite rude to her.

In which case maybe she should talk to the police about coercive control - apparently it is also forbise in these sorts of cases, not just husband and wife or girlfriend and boyfriend as most people think of it as. Also works between parents and children, housemates and more.

In light of which I would definitely ask her to talk to a solicitor to get things lined up properly (like written evidence of trying to increase rent and him not complying, giving him notice and him not going etc) and speak to the police to find out how they can help. If he is not paying him what she asks then could well fit financial abuse too.

I know it will feel wrong as a mum to call the police on your own child but it’s that or continue like this until she dies.

She will probably need lots of support from you. And be prepared for him to fight back and be nasty if he suspects his nice cheap life is slipping away.

There’s also charities like age concern you could talk to for help and report him to social services/?? for elder abuse.

Hopefully one or all these options might help your mum even if a scary prospect for her...

Definitely no squatters rights issue - you have to have been living there without permission and without rent to trigger that anyway.

Agree about coercive control - he is taking advantage of her and she needed protection.

What I’m trying to say but didn’t manage to is also that your mum should try to sort this out before giving your dB a hint that this is what she is thinking, just carry on exactly as normal. That way he won’t be able to take any counter measures.

Do you think there is a chance that he would get violent? Definitely get the police involved and have a spare new lock barrel to hand so she can change the locks on him for all doors.

And have important documents to prove she owns it and that he didn’t inherit any of it from his dad to hand. Or you/bank etc have originals, your mum have copies probably a better idea so he can’t destroy them!

My aunt fell and broke her hip and one of her nieces moved in to "help out" while she regained her strength. Even when she was back on her feet, the niece stayed. My aunt kept saying she didn't need her and she could go home and niece kept saying "Oh I don't mind helping out" and did not leave. When aunt died (five years later) even though she had made a will, we had to hire a lawyer and give the niece a lot of property to get her out of the house so it could be sold.

If he's living in her home and she dies he may have a claim under the Inheritance Act for more than he gets in her will.