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Northcroft



Member Since: 29 Jan 2017
Location: Durham
Posts: 784

England 2007 Freelander 2 TD4 HSE Manual Zermatt Silver
I have an unusual dilemma in life , opinions welcome

I will start by saying this, I have always been an honest man and do what I believe is right however . . . . .

My gorgeous partner of 16 years died in September, struck ill totally out of the blue with a brain tumour , given 6 months to live, lasted 6 weeks, 4 of which were in a care home, unable to speak or get out of bed etc, that has changed my life into almost dont give a toss mode,

Here is the dilemma, we ended up living together in what was her husbands mothers home, she died about 15 years ago, my partner continued to pay half the mortgage (until it ended a couple of years ago) on the home her husband lived in and the one she left .

She told him by text that she would take her name off their shared home and put hers and maybe mine on 'our' home, he said okay.

So, she died and never got round to doing that, I am still living here but its in her husbands name, thing is I assume he thinks its in her name, or maybe her name and mine, either way, he is still next of kin and its his.

This home is filled with happy memories apart from today when 2 big poplar trees got ripped out the ground forever.

The honest man in me keeps saying I should confront him and tell him its his house and hoping he does not want to sell, offer to pay rent, which would totally wipe out my newly acquired retirement pension . . . . this is where the 'honest' man is thinking I dont want to do that . . .

So 2 questions to the panel Bow down Bow down

1) what would you do ?

2) bearing in mind the wind was terrifying and uprooted 2 large trees, does anyone know if it is possible to get buildings insurance on a home you do not own, google failed to give me an answer . . . . .the storm a few weeks ago took part of the roof off which I got fixed and fleeced for.

For your info, I half own a property where my wife resides in, we are still friends and I am welcome to move back anytime I want but I dont want to. Laughing Laughing 2017 SEAT Ateca 4drive 2.0 xcellence (May 2022 -
2007 HSE with HST bodykit in Zermatt Silver 169,700 miles (dec 2016 - May 2022 )
2007 Honda Civic Type S GT (2012-2017)
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Post #417839 29th Jan 2022 8:10 pm
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I Like Chips



Member Since: 25 Jun 2017
Location: Ascott Under Wychwood
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Going to suggest you seek out legal advice

Post #417842 29th Jan 2022 8:26 pm
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Northcroft



Member Since: 29 Jan 2017
Location: Durham
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England 2007 Freelander 2 TD4 HSE Manual Zermatt Silver

its a good idea, but the whole plan was about saving money Rolling with laughter Rolling with laughter

I am no lawyer, but I reckon I dont have a leg to stand on so to speak Thumbs Up

based on that being an answer to question 1 2017 SEAT Ateca 4drive 2.0 xcellence (May 2022 -
2007 HSE with HST bodykit in Zermatt Silver 169,700 miles (dec 2016 - May 2022 )
2007 Honda Civic Type S GT (2012-2017)
2002 Mini Cooper S (2008-2012)
1992 Honda Legend 3.2i (2003-2008)
1990 Honda Concerto (1999-2003)
1985 Honda Accord (1997-1999)
1983 Honda Accord (1993-1997)
1983 Mini Mayfair (1988-1993)
1974 Mini 1000 (1979-1986)

Post #417843 29th Jan 2022 8:30 pm
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Dartman the one



Member Since: 04 Apr 2013
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England 

You can get buildings insurance on any building, basically you can have as many insurances you like on any building, but in event of a claim you must notify any other insurance that may have an interest.
The text would probably stand in law as would his reply, but otherwise it is still shared possibly Whistle my PC is slightly to the right of Genghis
2012 HSE SD4 In Orkney Grey now gone, best car ever.

Post #417844 29th Jan 2022 8:40 pm
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MotionInc



Member Since: 17 Jun 2019
Location: North America
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I Like Chips wrote:
Going to suggest you seek out legal advice

Good advice above. You are going to have future issues, etc. with the title being in her name. It might even be fraud of a kind?
Do you know if she has a will?

Also, I have found, sadly, that "no good deed goes unpunished".

Good luck! Thumbs Up

Post #417845 29th Jan 2022 8:46 pm
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Northcroft



Member Since: 29 Jan 2017
Location: Durham
Posts: 784

England 2007 Freelander 2 TD4 HSE Manual Zermatt Silver

no will, no hope I reckon, but my real question was to see who would try (like me) and carry on as things are, no rent Whistle 2017 SEAT Ateca 4drive 2.0 xcellence (May 2022 -
2007 HSE with HST bodykit in Zermatt Silver 169,700 miles (dec 2016 - May 2022 )
2007 Honda Civic Type S GT (2012-2017)
2002 Mini Cooper S (2008-2012)
1992 Honda Legend 3.2i (2003-2008)
1990 Honda Concerto (1999-2003)
1985 Honda Accord (1997-1999)
1983 Honda Accord (1993-1997)
1983 Mini Mayfair (1988-1993)
1974 Mini 1000 (1979-1986)

Post #417847 29th Jan 2022 8:57 pm
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Sidthecat



Member Since: 10 Sep 2017
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MotionInc wrote:
I Like Chips wrote:
Going to suggest you seek out legal advice

Good advice above. You are going to have future issues, etc. with the title being in her name. It might even be fraud of a kind?
Do you know if she has a will?

Also, I have found, sadly, that "no good deed goes unpunished".

Good luck! Thumbs Up


Try Citizens Advice? Believe they’re still free, assuming of course they’re open for meetings during current climate

Post #417850 29th Jan 2022 9:52 pm
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Andy131



Member Since: 09 Dec 2009
Location: Manchester
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United Kingdom 

Looking at it from a different angle, do you want to continue living in the same house that you shared with your partner?
It tends to become a shrine, not wanting to change anything, as it is as she would have wanted it, every corner that you turn is filled with memories.

maybe it is time to get legal, sort out who owns what and start again.

This isn't meant to be as brutal as it sounds, I have recently lost my Princess of 40 years and am struggling with the memories /guilt of still being here. Tangiers Orange - gone, missing her
Replaced by Ewok what a mistake - now a happy Disco Sport owner

Post #417852 29th Jan 2022 9:55 pm
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Northcroft



Member Since: 29 Jan 2017
Location: Durham
Posts: 784

England 2007 Freelander 2 TD4 HSE Manual Zermatt Silver

Mayeb I wasnt totally clear here as there seems some confusion, the house I am in is in her husbands name ONLY.
The house he is in is in both their names, she was going to change this house into her name, and the original shared house into his name, it did not happen.

I will stay and if he dies before me, the herir hunters can evict me.


Andy131, thanks for your words, possibly you are the only one that could understand the concept of going to bed at night hoping to never wake up, it is still a very raw and painful time. so many great memories, very difficult to leave here for me.

I guess I just wanted some affirmation from a few that you would stay put and say nowt as well, clearly that hasnt happened. Thanks anyway.


I think thats enough on the issue, I need to check my personal EGR sensor Rolling with laughter

Consider it closed. Thumbs Up Thumbs Up 2017 SEAT Ateca 4drive 2.0 xcellence (May 2022 -
2007 HSE with HST bodykit in Zermatt Silver 169,700 miles (dec 2016 - May 2022 )
2007 Honda Civic Type S GT (2012-2017)
2002 Mini Cooper S (2008-2012)
1992 Honda Legend 3.2i (2003-2008)
1990 Honda Concerto (1999-2003)
1985 Honda Accord (1997-1999)
1983 Honda Accord (1993-1997)
1983 Mini Mayfair (1988-1993)
1974 Mini 1000 (1979-1986)

Post #417866 30th Jan 2022 7:39 am
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dorsetfreelander



Member Since: 20 Jul 2013
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United Kingdom 2014 Freelander 2 SD4 XS Auto Loire Blue

I am currently an Executor on a Will with some complications since it involves farm business. Fundamentally your problem is that you have no right to live there and you can't just "sign the house over" as you said originally, it will require a legal transfer with land registry and deed updates etc I am just transferring a small field at no cost and that's going to cost about £500 in legal fees. When the owner dies the house will go to his next of kin or whoever is on his Will (has he written a Will?) and my guess is that at that point you will be turfed out. The easiest way would be to get him to name you in his Will as the beneficiary of the house.
I am not a lawyer but I have learned a few things in life, one is that people living together outside of marriage or civil partnerships have no "common law" rights at all. The second thing is to get a Will written or your stuff might end up where you don't want it to go.
It's unbelievable these days that most people don't have a Will, if only so that your beloved FL2 can go to a worthy owner Laughing 3 x FL1 2 manual + 1 auto
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Post #417872 30th Jan 2022 10:28 am
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DennisV



Member Since: 15 Jan 2012
Location: West Midlands
Posts: 144

United Kingdom 

Be a bit careful with assumptions about "ownership". There is legal ownership and beneficial ownership:

A beneficial owner is a person who enjoys the benefits of ownership though the property's title is in another name. Beneficial ownership is distinguished from legal ownership. Often the legal and beneficial owners are one and the same but that is not always the case.

An hour with a specialist property lawyer would be a very good investment, as opposed to relying on assumptions. You'll discover whether you have acquired beneficial rights through your occupation of the property / your relationship / any text or other documents evidencing intent. (i.e. do the texts show a "bare trust" was agreed?) You need to know whether you have a claim of beneficial ownership before entering into any correspondence or negotiations, it could make all the difference!

Hope it works out for you. All the best.

Post #417887 30th Jan 2022 1:03 pm
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Northcroft



Member Since: 29 Jan 2017
Location: Durham
Posts: 784

England 2007 Freelander 2 TD4 HSE Manual Zermatt Silver

again thanks for input, I am not st sll bothered about owning the house, I do not expect to be alive more than another 9 years if that, I am happy just existing here, if I had twice the income coming in, I would trot along to the real owner who lives just down the same street and put it to him that I am willing to pay a rent because its HIS house,

it has an old boiler, wiring from the 1940s a wonderful garage !

So heres £500 a month Rolling with laughter Rolling with laughter



END OF
! Bow down Bow down Bow down Thumbs Up Thumbs Up 2017 SEAT Ateca 4drive 2.0 xcellence (May 2022 -
2007 HSE with HST bodykit in Zermatt Silver 169,700 miles (dec 2016 - May 2022 )
2007 Honda Civic Type S GT (2012-2017)
2002 Mini Cooper S (2008-2012)
1992 Honda Legend 3.2i (2003-2008)
1990 Honda Concerto (1999-2003)
1985 Honda Accord (1997-1999)
1983 Honda Accord (1993-1997)
1983 Mini Mayfair (1988-1993)
1974 Mini 1000 (1979-1986)

Post #417891 30th Jan 2022 1:31 pm
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dorsetfreelander



Member Since: 20 Jul 2013
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One further point is the issue of adverse possession where you take ownership of for example a strip of land by fencing it in for 12 years without challenge. You should talk to a lawyer about whether you have any squatters rights. 3 x FL1 2 manual + 1 auto
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Post #417901 30th Jan 2022 5:40 pm
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