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Legal matters

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Original poster

Homeless but not!

26 replies

mugoverandover · 26/04/2020 16:59

Mum kicked my dad out,
But they both own the house, there's no mortgage it's all paid for,
Dad has nowhere to go because of corona can't even get a b&b, he's been sleeping in his car,
Mum has got my brother to change the locks and doesn't want him back,
What does he do, can he legally be in the house if so how does he go about getting in if the locks are changed?

I'm not on anyone's side with the argument I just don't want to see any of my parents without somewhere to live

OP posts:

dementedpixie · 26/04/2020 18:10

I dont think she can legally change the locks if he also owns the house. Dont know who you'd contact though. Police non emergency number? A solicitor?

CayrolBaaaskin · 26/04/2020 18:23

He can break back in as it’s his house too. She has no right to just throw him out like that.

Original poster

mugoverandover · 26/04/2020 18:43

That's what I thought I'm not sure who he would go to to get back in like the police or who? I don't think he'd dare break in because he's just not like that but maybe he could ring 101,
He just doesn't want to involve anyone and he would of just gone in a b&b but because of corona it's impossible and he has no choice but to go home really but she won't let him,

she says he should go to his sisters who has MS and is bed bound and very vulnerable but he will not go there he'd rather sleep in the car forever

OP posts:

HappyHammy · 26/04/2020 18:45

Can he ring Shelter. She cannot just throw him out. Do you know why? He can ring the police.

Original poster

mugoverandover · 26/04/2020 19:00

He could but he won't because he has money he will not go in a hostel I just know he won't,
They had an argument about a few days ago, she says horrible things to him like he's boring and he doesn't like anything she likes etc. Then he will go quiet for a few days,
then she'll moan he's on his phone too much so he'll go off it and she'll ask why he's not on it,
she said she felt like she walks on egg shells when he's in a mood with her because it's a bad atmosphere but I've witnessed this before and he'll try and make a convo and she just gives him a short answer back so he doesn't bother trying again, their just not compatible anymore I don't think, their in their 60's and my dads too quiet for my mum,
But their both blaming each other for this I just don't want my dad sleeping in his car anymore this is the 4th night now.

OP posts:

HappyHammy · 26/04/2020 19:20

He can get a locksmith to gain access. She cannot just throw him out of his home without a court order. He either stays in the car or calls the police to get back in. If she is so unhappy why doesnt she make plans to move out. Is the house big enough for them to live separately.

Original poster

mugoverandover · 26/04/2020 19:41

It has 2 bedrooms and there is only 2 of them so yes but she says she'll have a mental breakdown if she has to be in the same house as him because he creates such bad atmosphere,
It's just the worst timing!
She's just slagging him off all the time saying this is what he wants her to worry when he can just go his sisters, she doesn't understand.
I will tell him that he has legal right to be in their home and tell him he can gain access through the police if he wants,
Thank you for the advice everyone x

OP posts:

CorianderLord · 26/04/2020 21:28

Can you not speak to mum and try and get through to her? Her behaviour is quite abusive!

Original poster

mugoverandover · 26/04/2020 22:59

My brother was the one to tell my dad to get out because my mum couldn't do it because she was having a panic attack, when my brother said you need to go he said no it's my home too and she's being unreasonable, my brother threatened him with calling the police for emotional abuse because he doesn't talk to her for up to a week sometimes if she's said something nasty. And I know that will of hurt my dad a lot.

I have tried but she says I don't know the half of it, but she doesn't see what I see when she's saying she has a crap life and she'd be living abroad now if it was up to her but my dad won't because he'll miss his golf and he doesn't drink blah blah blah.
I know it upsets my dad but he never says anything unless she's really gone too far.
How am I supposed to tell her their both as bad as each other, earlier she said their home should technically be hers because 24 years ago she had 50k from her ex husband that passed away so she paid for my mum and dads first house,
But my dad has worked all his life and paid the mortgage every month for 20 years so that's not fair.
My mum is not a bad person neither is my dad, but right now it feels like my mum has a lot more support than my dad and he's the one that's homeless right now, but all she can say is that it's his own fault for being stubborn when he can live at his sisters 🤦🏼‍♀️
This time every night my mind races because I'm lay in bed and I know he's in his car right now cold and probably overthinking,
now I've made myself cry great

OP posts:

OneEpisode · 27/04/2020 00:41

for you and your dad. And a bump for others to notice.

longtimecomin · 27/04/2020 01:18

If your dad part owns the house, he has a right to live there.

JKScot4 · 27/04/2020 01:37

Can your dad come to yours?
I can’t understand why he’s in his car.
He needs to speak to a solicitor asap.

Original poster

mugoverandover · 27/04/2020 08:33

No because we are self isolating due to my partner having a temperature and feeling unwell otherwise I would beg him to come here but again he probably still wouldn't because he won't let his pride go,
This is it now though something needs to be done today so I'll come up with a plan with him

OP posts:

Collaborate · 27/04/2020 09:43

He cannot break in to the house without running the risk of being arrested. It's an offence under the 1977 Criminal Law Act.

He needs to apply urgently for an injunction under the Family Law Act. The court can and will (unless there's a lot more to it than your post suggests) make her allow him to return.

HollowTalk · 27/04/2020 09:45

It's not illegal to break into your own house!

dementedpixie · 27/04/2020 09:47

He could get a locksmith to let him in/change the locks.

Original poster

mugoverandover · 27/04/2020 10:28

That's what I'm worried about him getting in trouble for something he's not done correctly, like not following the law
I think it might be best if he calls 101 x

OP posts:

Collaborate · 27/04/2020 11:34

@HollowTalk Please get your facts right before you advise people to commit a criminal offence for which someone may be sent to prison for up to 6 months - www.legislation.gov.uk/ukpga/1977/45/section/6

The consequences if people believe you can be horrendous for them

dementedpixie · 27/04/2020 11:56

If he isnt threatening violence then how would it be a criminal act to gain entry to his own house?

HollowTalk · 27/04/2020 12:44

@collaborate - he's not threatening violence. He co-owns the house. Nobody is suggesting violence.

Collaborate · 27/04/2020 12:48

@HollowTalk Read the Act - section 6. Forced entry constitutes an offence. It is the act of the use of force that is the violence.

dementedpixie · 27/04/2020 12:53

Ok so he shouldn't forcibly break in but he could get a locksmith to let him in to his own property then

Collaborate · 27/04/2020 13:53

The locksmith also uses force. It's not the amount of force that counts. It's the simple use of force to gain entry to a property when there is someone inside who it is known doesn't want the person to enter.

HappyHammy · 27/04/2020 14:15

Why cant mum move out and live with your brother. Why does dad have to be the one made homeless. I hope its sorted and they got legal advice.

Original poster

mugoverandover · 27/04/2020 14:50

GREAT NEWS
Mum just phoned me and she said she's let my dad back in,
Only because she doesn't want him sleeping in the car,
She said they are just being amicable until lockdown ends then one of them will be moving out,
Fingers crossed it stays peaceful and they can manage but at least I know their both safe now,
Thanks so much for all your help x

OP posts:

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