Strange situation

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    Strange situation

    I hope this is in the correct section, although I am unsure as I find myself in a rather strange situation.

    I currently live with my wife and children in my friends house with his estranged wife and child. I do not have any tenancy agreement, only a letter from him stating I can live here with my family for the foreseeable future without paying any rent providing I pay the bills and look after the property.

    My friend is currently un-contactable and is not due to return for several months, this is not unusual.

    My problems start with his estranged wife that also lives here. He owns the property solely, and at this time she has no entitlement to any of it. Since he has been away she has become very secretive and has been making various trips to the solicitors.

    I have found out that she has just registered herself as living here as the matrimonial home, and lots of large envelopes have been arriving from her solicitor. I am pretty sure she is going to try and take the property from him, I dont know for sure but this is the feeling im getting.

    Today she asked me for the date of birth of myslef, my wife, and my children. I asked why and she told me she needed this because her solicitor needs to know who is living here. I reluctantly gave them to her thinking that it didnt matter if she knew them or not and by doing so would keep her happy.

    Now the more I think about this the more I am getting worried. I dont know what she is up to, and I dont know why she would need our date of births, it doesnt seem to make sence?

    Does it matter that she is giving our date of births to her solicitor?
    What would the need for this information be?
    Where would I stand if she tries to take the property from him?

    If any one could answer my questions it would be greatly appreciated and also for any other advise on my strange situation would be a great help

    many thanks

    #2
    registered herself as living here as the matrimonial home: 'registered' in what way?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Im not sure to be honest as I only caught a quick look at the document when it came through.

      If I remember correctly it stated that under some act she had been registered as living at the address as the matrimonial home. Then underneath it said something about getting legal help.

      If you need me to be more specific about it I can try to get another look at it and post exactly what it is?

      Comment


        #4
        Do not open anyone else's post, of course. Maybe it's re her Matrimonial Proceedings?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          A sensible way ahead - or not - may be to inform your friend of her actions, depending of course of *your* strength of right to occupy, and on your position in the separation.

          Divorce situations can be incredibly shitty, and you may not wish to get involved.

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

          Comment


            #6
            I intend to inform him as soon as possible but I doubt I will have any contact with him for a couple of months. I will be staying out of things as far as possible in my situation.

            I got it wrong about the "matrimonial home" bit, not sure where I got that from. What it actually is she has registered notice under 34(2)(a) of the land registration act 2002 to protect her home rights under the family law act 1996.

            thank you for the replies so far, any more advice or you can shed any light on my questions would be greatly appreciated

            Comment


              #7
              You would appear to be a lodger, not a tenant. As such, you have very few rights - did this letter state in what circumstaces you could be evicted?

              If not, you could be evicted with just "reasonable notice" - say a month - no need for court orders or anything.
              In view of this I would:
              a) Do my darndest to stay in the wifes good books
              b) Start seriously searching for a (more secure) new home

              Comment


                #8
                Originally posted by Snorkerz View Post
                a) Do my darndest to stay in the wifes good books
                b) Start seriously searching for a (more secure) new home
                That's reasonable.

                The action is just to register a charge on the home, and shouldn't have any short term impact as I understand it - though it may be a shock when he tries to sell; I don't know what all the smirks and smiles are about.

                If it works like other forms of charge he should get notice from the land registry.

                The only gotcha I can see is if he is abroad throughout any "time to object" period, and she is deliberately doing it in a sneaky way.

                ML
                Refer Mad Regulators to Arkell vs Pressdram.

                Comment


                  #9
                  Thanks for the replies guys.

                  Do you have any idea why her solicitor would want our dates of birth though?
                  And is her solicitor allowed to hold this information?

                  many thanks

                  Comment


                    #10
                    Originally posted by Rhino View Post
                    Thanks for the replies guys.

                    Do you have any idea why her solicitor would want our dates of birth though?
                    And is her solicitor allowed to hold this information?

                    many thanks
                    No idea. Perhaps phone the CAB with that exact question.

                    You look so young she thought you were under 18, and wanted to check...

                    ML
                    Refer Mad Regulators to Arkell vs Pressdram.

                    Comment


                      #11
                      To be honest, until you can provide more information. i.e. the content of the solicitors letter, its all hear say and in any case, she cant just take his house from him. that would be ridiculous and if she is faking signatures to do it, even then she wont get away with it.

                      Comment

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