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Can I reenter property

Can I reenter property

Postby raydona » Wed Nov 18, 2015 1:24 am

Hello, I used to live with my parents who were joint owners (tenants in common) of a property. I did not get on with my father and he obtained an injunction that banned me from living in the property. My mother has recently died. She has left her share of the property to me. It has been agreed between solicitors that the property should be sold and the money divided between myself and my father. However, my father wants a period of six months before the property is sold and he wants to live in the property on his own until the property is sold. I'm waiting for the probate. After it is granted (hopefully in the next three weeks) can I move back into the property until the property is sold? I should not have to pay to live in rented accomodation when I have a property of my own to live in. Thanking you for your help.
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Re: Can I reenter property

Postby Denning » Wed Nov 18, 2015 1:39 am

raydona wrote:Hello, I used to live with my parents who were joint owners (tenants in common) of a property. I did not get on with my father and he obtained an injunction that banned me from living in the property. My mother has recently died. She has left her share of the property to me. It has been agreed between solicitors that the property should be sold and the money divided between myself and my father. However, my father wants a period of six months before the property is sold and he wants to live in the property on his own until the property is sold. I'm waiting for the probate. After it is granted (hopefully in the next three weeks) can I move back into the property until the property is sold? I should not have to pay to live in rented accomodation when I have a property of my own to live in. Thanking you for your help.

You would first have to set aside the injunction or varied the effect of the injunction otherwise you would be disobeying a court order against you.
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Re: Can I reenter property

Postby dls » Wed Nov 18, 2015 10:55 am

D is correct.

It is not worth breaching the order and the order is not put to one side by the change in ownership.

Ask your father (through solicitors) whether he would consent to the order being ut aside, and if not ask him to confirm your entitlement to an occupation rent to be deducted if necessary from his share of the proceeds.
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