35 years of co habiting. What rights can one claim?

[Weaver]

I hope legal Beagles can help?

My Aunt has been co habiting for 35 years. She doesn't own the property she lives in and but has contributed to food and well being and of the last 10 years has been a full time carer to my "uncle" (93). She is now 95.

My uncle's daughter, by a previous marriage, is his attorney. He is in hospital but is due home soon and the daughter, who has a very poor relationship with my aunt, wants to remove her possessions from the house. She says she has permission from her father to clear Aunt's possessions.

Both Aunt and Uncle are under considerable stress and anxiety. Aunt from visiting the hospital everyday and Uncle from not being at home. They both forgetting conversations.

What rights, if any, does my aunty have from living there for 35 years?
Is someone with the power of attorney allowed with permission of the property owner allowed to do this?
Is there anyway to protect her?

Thank you in anticipation of your help.

[ostell]

Re: 35 years of co habiting. What rights can one claim?

Is the uncle suffering from dementia or similar? If this is a lasting power of attorney then it doesn't kick in until he is incapable of making his own decisions. Taking action before hand is not allowed.

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

Good morning and thank you for the reply

My uncle does not have dementia but is getting forgetful. And yes, this is an LPA.

"Taking action before hand is not allowed." - Even if, Uncle has given his daughter permission? Is she able to come in to house when she wants and ask for Aunt to leave and remove possessions from the house?
Is there anything we can do to protect my Aunt? Is there anything I can quote that says my Aunt has rights, even as a co habitee?

Can the daughter stop members of the family being a representative for my Aunt being in the home to monitor what is being removed?

[Amethyst]

Re: 35 years of co habiting. What rights can one claim?

Why does the daughter want to remove Aunt's possessions from the house? Aunt still lives in the property ? and Uncle is going home from hospital shortly. What possible benefit can removing Aunt's possessions have, is the daughter intending to evict her Dad's long term partner, carer and companion ?

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

It seems that there may be a agenda that we are not privee to.

About a year ago I offered to be a mediator between my aunt and the daughter and it has been working well. As aunt is likely to have knee jerk reactions when the daughter is involved and my hope was to explain the actions to each party without the emotion. However, this new action I am unsure of quite how to handle as it does feel like a precursor to something and I am now thinking I need to be prepared to protect my aunt.

Thank you

[Amethyst]

Re: 35 years of co habiting. What rights can one claim?

It does rather, and I think you are right to look into how to protect your Aunt's interest, and welfare, now. I've asked [MENTION=85500]Peridot[/MENTION] to come have a look and hopefully give you some idea what to do.

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

Brilliant - Thank you so much

[Peridot]

Re: 35 years of co habiting. What rights can one claim?

Hi Weaver,
If 'Uncle' still has capacity then it remains his decision. Has she spoken to your 'Uncle' about this?
His daughter can deal with things under the LPA, he doesn't have to have lost capacity but as his attorney she should be assisting him in making his own decisions, not just deciding for him, if he is able to make a decision. This may be his decision of course in which case your Aunt needs to get some legal advice as soon as possible.
Putting the LPA aside, the rights of co-habitees are not great, although there may be options for your Aunt having been contributing to the upkeep of the property and being his sole carer for so long. She may be able to make an application under the Trusts of Land and Appointment of Trustees Act (ToLATA) or a proprietary estoppel claim.
You mention that she paid for the food, did she provide any other finances to assist with maintenance of the property for example. I doubt at 95 she was wielding a sledgehammer herself, which is the example often used but if she contributed substantially there may be an argument in her favour. Has your 'Uncle' ever promised her that by being there for so long with him she would have a share of the property? Does he have a Will leaving the property to her or leaving her a right to stay there after he passes away? She would need some evidence of his intentions or promises and proof that she has relied on those promises to her detriment.
It is really important that she gets some face to face legal advice from a litigation specialist as soon as possible so that she knows what options are available to her. I would suggest she prepares a time line and indicates when certain events or promises were made, as well as some indication of what she has been doing for him over as his carer and over what period of time this has happened.
This may be something that you need to help her with if you are able. She needs to know what options she has quickly so that she can deal with the daughter's demands knowing what her rights are.

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

Agreed - thank you for your good advice I will get that information together this week when I visit my Aunt and hopefully see a solicitor then. This is very positive and gives us the right thought process to use.

We went to the citizen advice bureau together last week and I have been trying to get some face to face time with a solicitor, but what specialist do we need? I have spoken with a solicitor who deals with LPAs but this isn't truly their nichee - they thought property. Do you agree?

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

"Does he have a Will leaving the property to her or leaving her a right to stay there after he passes away? She would need some evidence of his intentions or promises and proof that she has relied on those promises to her detriment."

He has written her into his will and has told me she has a right to stay on in the property as long as she wants to or if it is sold then received a percentage of the sale value, they have both told me this. The reality is that she would not have enough money to stay on and maintain the home. Another reality is that he is in really poor health and is now not able to be off oxygen and will be house bound. Understanding her legal position is really important before the next wave hits her.

Does she need a copy of the will as proof?

[Peridot]

Re: 35 years of co habiting. What rights can one claim?

Sorry my internet died so there is some double up in this post since you have responded, having copied and pasted.

I would say a litigation specialist. However some specialist family law firms would have people who deal with co-habitation issues. It is a case of calling around I'm afraid and asking if they deal with cohabitation, ToLATA type issues.
Most firms who have a litigation department should be able to give the advice that you need. If they have property litigation specialists all the better, but don't panic at this stage this is just to get the overview really on the options that may be available, so that you can be in a better position to deal with the daughter's demands now.
If this is about the property and what will happen to it then there are options there too even if your Aunt has no claim under ToLATA, you have mentioned that you have been mediating between them already, this may be helpful. Do you know what the daughter's intentions are for the property? Does she intend selling the property for care home fees for example? Do they have wills? (you've answered this above now)
Sorry there are more questions than answers. I would suggest getting the options with regard to the property first, then considering whether any Will deals with a right to reside for your Aunt in the event 'Uncle' passes away. This may be a stick to wave at the daughter?
First things first get some advice on the property rights.

[Peridot]

Re: 35 years of co habiting. What rights can one claim?

That is helpful as at the time the statement was made (or written into the Will) it does show a possible intention to ensure she has a roof over her head. She doesn't have any 'right' to a copy of his will, but she may have been given one by him or know where it is kept if it is at the property. Do bear in mind it may have been changed however and a more recent will prepared.
Have you checked the Land Registry title? It may show a restriction against the property which would indicate to any purchaser's solicitor that they need to look more closely at this and any potential beneficial entitlement.
I have assumed the property is no longer mortgaged?
If you are able to get a copy of the will then it may help but as I say above, a Will can be changed at any time whilst someone has capacity to do so so this may not be the most recent Will. It would however show his intention at the time of writing it and then opens up the question why was this changed if that was the case.

[Peridot]

Re: 35 years of co habiting. What rights can one claim?

Just another thought. If the reason for the daughter asking your Aunt to leave is for a need to sell the house for care home fees there are ways around this. If there is a resident in the property then the Local Authority can arrange for a charge to be placed against the property that would be paid upon sale? I wonder whether the daughter is panicking about her father's care once he is discharged? It may be worth finding some further information o care home funding. Hopefully with the mediation you have been doing for them, you may be able to get to the bottom of what has caused the daughter/her father to make these demands?

[Weaver]

Re: 35 years of co habiting. What rights can one claim?

I have just spoken with Aunty and she says she has a copy of the will and is happy to go to a solicitors this Thursday with me. The property is not mortgaged.

Aunt has also told me that Tom has requested for her to bring £300 into the hospital so he can give it to his daughter? She thinks she wont do that until she knows what it is for.

Thank you Peridot

[Peridot]

Re: 35 years of co habiting. What rights can one claim?

Hopefully you'll have more of an idea what the position is for your Aunt after Thursday. Is your Uncle in a position to talk to your Aunt about any issues? It seems his daughter thinks so, but that may not be the case. He's probably feeling somewhat battered currently. I appreciate your Aunt needs to know what his intentions are though and if he is capable of discussing things then that is probably sensible.
Here if you need us.