Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 month ago

Can someone in UK explain why a high court would give priority to the partner of a deceased person who was not resident in a house...?

I am watching Can't Pay, We'll Take it Away. A woman with 3 children is being evicted. She moved into the property15 years ago to care for her sick father who has now died. The girlfriend of the deceased father who never lived there has won possession of the property and the daughter is suddenly evicted.

Update:

Please no Americans.

2 Answers

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  • 1 month ago

    In cases of High court bailiff eviction, the High Court do not hear the case, it has already been decided by a lower court, the High court just reinforce the order already made and the eviction can go ahead far quicker...... the daughter already knew of the case by the gf, so it is likely she didn't attend the lower court case assuming her solicitor would go and  they often don't as they are called to do another case and fail to tell their client or the court...so it is likely the daughter didn't go to fight the case in the lower court so the judgement was filed in favour of the gf....who may have proof of her financial interest in the property or name on the deeds, or a Will inheritance

  • 1 month ago

    There are only two possibilities; either the house was owned as Joint Tenants with rights of Survivorship by father + girlfriend or father left the house to his girlfriend in his will. 

    If her father had wanted his daughter to have the house and it was not jointly owned with girlfriend, all he had to do was to write that into his will. Living in the house gave her zero ownership rights.  

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