Have a quick question about a right to reside.
My partners father passed away about 4 years ago and left his mother a "life estate" with the conditions she enters into the life estate with my partner. She is responsible for paying all rates, insurance, repairs and water to that said property, with approved from his said son( my partner) from time to time. To make it more complicated the property is split up in 3 shares.
the Grandmother, the aunty and my partners father. He left his share to my partner within the share was a dewelling that my partners mother now lives in. We have seeked a little legal advice and they said she doesnt have a life estate she has a right to reside.
We moved into the property early last year, the mother moved into a donga behind this said dewelling and has access to the main house for cooking, bathroom facilities until we all fixed up her donga. a week before christmas we recieved a letter from a solicitor to say we had to move out because the mother wished to occupy her life estate. Few nasty words from my partner to his mother where exchanged, we didnt move out by the said date in the letter she then put a DVO against him because she was fearful of her life (so she said). We had to moved out as the DVO was granted.
She now has a protection order out on him and we cant go within 500m of the house but can access the property. What rights does he have as the share was left to him? She has moved the brother into this said house without any notice or anything to my partner. He doesnt get along with this brother. does he have any leg to stand on. Very complicated, sorry for the long post
My partners father passed away about 4 years ago and left his mother a "life estate" with the conditions she enters into the life estate with my partner. She is responsible for paying all rates, insurance, repairs and water to that said property, with approved from his said son( my partner) from time to time. To make it more complicated the property is split up in 3 shares.
the Grandmother, the aunty and my partners father. He left his share to my partner within the share was a dewelling that my partners mother now lives in. We have seeked a little legal advice and they said she doesnt have a life estate she has a right to reside.
We moved into the property early last year, the mother moved into a donga behind this said dewelling and has access to the main house for cooking, bathroom facilities until we all fixed up her donga. a week before christmas we recieved a letter from a solicitor to say we had to move out because the mother wished to occupy her life estate. Few nasty words from my partner to his mother where exchanged, we didnt move out by the said date in the letter she then put a DVO against him because she was fearful of her life (so she said). We had to moved out as the DVO was granted.
She now has a protection order out on him and we cant go within 500m of the house but can access the property. What rights does he have as the share was left to him? She has moved the brother into this said house without any notice or anything to my partner. He doesnt get along with this brother. does he have any leg to stand on. Very complicated, sorry for the long post
