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Can anyone help, goggle cant !

6 replies

shazwee · 21/07/2019 19:16

Long story short, my mum died 2 years ago left me her house but step dad can live there till he dies, wishes not to, cohabits or re marries, he changed the locks within a month, since then I have never inspected the house, told him last week that I would like to inspect as it's been a while and hes ignoring me. I am almost certain he has another woman living there, or there more than she should be...had a previous solicitor who was more than useless and could not even tell me if I was entitled to a key to property, anyway here we are today, I'm emotionally in a better place now and want all this sorted properly and legally and I feel more able to deal with it then before, can anyone tell me if they have ever been in this position or give me any advise on how to more this forward....many thanks, by the way this is a UK post x

OP posts:
shazwee · 21/07/2019 19:19

Obvos I meant Google not Goggle!

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Jon65 · 22/07/2019 00:26

Your stepfather is holding the property on trust for you. When he dies the property becomes yours. You do not have any right to enter the property but as the trustee he has a duty to maintain the property in good order. If he fails to do this your remedy lies in breach of trust. He can sell the property but must account to you for the proceeds or purchase another property which he will continue to hold on trust for you. This is a v common scenario and there is a lot of statutory and case law surrounding this. I'll find a link for you to read up on it.

Jon65 · 22/07/2019 00:34

This is a general overview. It is complex. I believe it is possible to have an entry at the land registry to protect your interest so you are notified upon sale but you need to check. Have a look at the land registry pages online, or perhaps @Collaborate can help. www.gov.uk/trusts-taxes

AlwaysCheddar · 22/07/2019 07:51

If the deeds are in your name, he can’t sell it !

ragged · 22/07/2019 08:07

Sounds like you should talk thru the situation with a better solicitor, to verify if your interests are protected. This requires you to believe what the solicitor tells you. A lot of people don't take their solicitor's advice, true.

It's his home. He's entitled to have a new relationship with another woman and I imagine has authority to let her move in. Are you saying the trust says he can't have another person living there?

shazwee · 22/07/2019 09:35

Hi, thanks for your responses, to clarify, the house is in my name, the deeds are in my name I am the trustee he is not a trustee. He cannot have another woman move in as that would be cohabitaiting, which states in the will is not allowed.....

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