Property advice

[House1999]

Hi
I would like some advice for a friend. My friend lost her partner suddenly due to a bleed on the brain nearly three years ago.

They had one child together, who is now 12 years old. Her partner had a child before they met and she is in her 30’s.

There is a will but it was completed before my friend met her partner and the will leaves everything to his daughter because his son wasn’t borne at the time of writing the will.

My friend and her partner bought a house together (no mortgage) and both names are on the deeds.

my friend’s partner put in a lot more money and at the time they bought the house he had a solicitor draw up what % each other owned.

My friend has received a letter saying she has to sell the house as his daughter wants her inheritance.

I would like to seek thoughts and advice as there is a 12 year old boy that has lost his father and now his potentially his home with no inheritance.

Is there any law that states my friend can stay in the house until their son is 18?

Hopefully it makes sense. Please ask any questions if you need more information.

thank you

is there any way that your friend can buy the daughters out of her share of the property ? What sort of percentage is the split ?

I think she would need to speak to a solicitor to see if there is a way she could contest the will given the change in circumstances since it was written,

Where they married or living together?

If they were not married she has no rights except the percentage share of the house she owns. She can seek legal advice but the older daughter has no responsibility towards her or her son.
I suggest you get your friend to post in the legal section here for advice. I am so sorry. What an awful situation.

If they were married, the will her late husband made before they married is invalid. So whether or not they were married is key.

Thank you for the replies. She is not married unfortunately.

She said she can’t afford a solicitor and she is also reluctant to contest it because she doesn’t want to fall out with her step daughter.

Her step daughter takes her half brother away in holidays etc.

I was hoping that she could stay in the property until her son is 18, to give him some stability.

Otherwise he is likely going to have to move to a cheaper area, which will mean new school and friends.

Maybe the school will let him stay, at least until GCSEs if she can move within striking distance. Or could she stay in the house and pay rent as a lodger, with an agreement to sell in 4 years/after GCSEs? I imagine it would take a while to force a sale given that she owns part of the property. Do you know what percentage she owes? Could she get a loan to buy out his daughter? Presumably the daughter wants the money rather than the actual house? Could she and the daughter rent out the property as joint owners?
Definitely post on the legal board for more informed advice.

Thank you for all your responses. I contacted my friend yesterday and advised her to seek her own solicitor for advice.