Lady in house which I jointly own with my father.

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Beardie | 13:52 Fri 10th Feb 2012 | Law
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My father has got a lady who is staying overnight most nights.
She has a rented flat.
My mother passed away in 2003 and I inherited her half of the house.
In addition I have lent £50,000 to my father for repairs / improvements and have taken a mortgage over his half repayable if he has to go into a nursing home or on his death.
The house is only worth about £300,000 and the mortgage has interest rolling up against my fathers half.
Owing to the roll up of interest my fathers equity amounts to less than £90,000.
In the event of my father passing away will I be within my rights to ask this woman to leave so I can recover my money.


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First I suggest you establish if your Father and you are joint tenants or tenants in common. This has nothing to do with tenancies and I apologise if you know the difference:

Joint tenants pass their share of a property onto the other at death.

Tenants in common own a share of the house, not necessarily an equal share and can sell their share or on their death can leave their share to whomever they choose in their will or under the law of intestacy.

So your Father could leave his share of the property to his friend if he is a tenant in common with you, if it passes or is left to you, you will become the sole owner and could ask his friend to leave. If she refused, which would seem unlikely in the circumstances described, you may need to get a court order to make her leave, I doubt the police will show a lot of interest as they will probably claim it is a civil matter
if your mortgage is repayable on his death, you probably will have to sell the house anyway won't you? (plus how are you going to pay it off if he goes in a home)? Are you saying you are not paying the mortgage now, or is it your dads mortgage?
i am really confused because you cant get a mortgage on someone elses half of a house can you?
in the event of his death she hasn't any rights!
and if she has her own flat, there shouldn't be a problem!

why not allow your dad to enjoy his old age?
Hi Beardie / Everyone

This question is different to the one's which have been asked before.
It would appear Beardie owns half of the house and Beardie has lent his father £50,000 for repairs / improvements against a mortgage over the fathers share of the house.
His father would in theory be able to leave his half of the house to this woman but Beardie would have to be repaid his £50,000 plus interest so if the house is sold the woman will get less than £90,000.
I think Beardie is concerned what would happen if his father passes away and she refuses to leave so he can sell the property if the fathers half is left to her subject to the mortgage.
I think it would be best if Beardie has a half hour session with a solicitor as I am not sure if the courts would order a sale under these circumstances.

Question Author
Hi Martin

You are right in what you have said. I own half of the house and I have taken a mortgage of a further £50,000 over my fathers half of the property
ie I have lent the money.
It is a bit like equity release for my father only I as the son is providing the cash instead of an equity release company.
What I want is for the woman to leave when Dad passes away.
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This comes back to tony's query in his post. If you own the house as joint tenants your father can't leave his half to someone else - it automatically becomes yours when he dies. You need to be certain about this, & see a solicitor for any other advice - e.g. about making sure the lady cannot remain.
Zacs was correct regarding two of those threads. One poster (under different names) seems to be responsible for dozens of questions of this nature.

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Lady in house which I jointly own with my father.

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