House issues after a death - no will

[pinkerton1]

Hi All,
I'm not really sure if this is the correct place towrite but am needing some help and advice...my mother in law died suddenly leaving a partner and 19 year old daughter (not his child but has been bringing her up for 14 years). The house was an ex council house and therefore had been bought in the mothers name but with the partner putting up most of the cash. (There plan was that in the events of their deaths the house would be split 4 ways between his and her children) Because of her relatively young age there is no will. The deeds are completely in the mothers name. As we understand this leaves my partner as the oldest child as the next of kin and so technically the house should belong to him??? The plan was to sign the house over to the partner the daughter was to continue living with him as we are moving overseas.
However circumstances have now changed the partner is drinking and without going into details has been behaving unreasonably towards the daughter who has now moved out and left college. He has thrown away all of the mothers belonging without consulting the family and is not maintaining the house. My question really is where we do we stand. We do not want to cause more problems but the house has mot yet been signed over and we are now wondering if this would really be the best thing to do. Does anyone know the legal posistion on this. We are not wanting to take the house away but would like to secure something for the daughter.
Thanks

 

[army judge]

The house legally belongs to the nearest relative of the deceased woman. I suspect that would be her children.

The man doesn't seem to be in the mood to vacate the home. His children (you), have no legal right to the home.

The home belonged to the deceased. The arrangement and thoughts of the parties meant nothing legally.

If you want to do the right thing immediately, retain an attorney. He seems unwilling to do what us right. The courts will need to be brought into the picture.

 

[pinkerton1]

Thanks for the quick reply. We are about to seek advice from a solicator but I am overseas at the moment. That is really what we thought the legal situation was however we do not want to take the house from him as it was a lot of his money which paid for the house is there a way to allow him the right to some of the money but also secure some for the daughter? We DO NOT want to enter any kind of joint ownership with him and selling the house would also be a wrentch as he has scattered the mothers ashes there without our prioir knowledge.

 

[army judge]

Thanks for the quick reply. We are about to seek advice from a solicator but I am overseas at the moment. That is really what we thought the legal situation was however we do not want to take the house from him as it was a lot of his money which paid for the house is there a way to allow him the right to some of the money but also secure some for the daughter? We DO NOT want to enter any kind of joint ownership with him and selling the house would also be a wrentch as he has scattered the mothers ashes there without our prioir knowledge.

The house is legally his.
All you can do is incentivize him financially (offer him money), to sell you the gouse.
I suspect he'll want all of his money back.
If I were you, I'd let him have the house.
If he's as bad as you say, he'll eventually lose the house for not paying back taxes to the government.

I don't know many 19 year old kids who want to own homes, especially old, broke down "project" homes!
If I were you, I'd save my money (not spend it on a lawyer), and let this go.
The drunken lout will get his one day, one way or another!

 

[pinkerton1]

I don't quite understand your reply you say the house would belong to the nearest relative - her children. (She was not married to her partner) and then you say the house is legally his? Also I have never said he was awful - he is behaving awfully at the moment but is not an awful person but is grieving hence why we do not wish to go in all guns blazing.

 

[army judge]

I don't quite understand your reply you say the house would belong to the nearest relative - her children. (She was not married to her partner) and then you say the house is legally his? Also I have never said he was awful - he is behaving awfully at the moment but is not an awful person but is grieving hence why we do not wish to go in all guns blazing.

I meant to say, the house was legally hers.

Morally, it is his home (you say he put up the cash).

Legal rights always TRUMP moral rights!

The deed is in her name.

Since they were not married (I forgot you folks use partner to mean unmarried), he has no inheritance rights.

Thus, her children are her LEGAL heirs.

You've retained a solicitor, so follow his/her sage advise.