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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My Mother is living in a "granny flat" annexe to my sisters

Resolved Question:

My Mother is living in a "granny flat" annexe to my sister's home. My mother is registered disabled and is 88 years old. My sister has lived in the property for over ten years with a common-law husband, whose name is XXXXX XXXXX title deeds. The property is mortgaged and will eventually be owned freehold by my sister. Her common-law husband has contributed substantially, despite having little income and no stable employment, to the mortgage payments, which are considerable.

The relationship between my sister and her partner has now irretrievably broken down and the split is not amicable. My sister has two children but they are over 18 years old. One (adult) child has left home, and one (adult) child is living in the property. My sister's partner is attempting to force the sale of the property to allow it to be divided according to the negotiated settlement. My sister and mother wish me to loan money to them in order to avoid a forced sale, as my mother does not wish to leave her home, and my sister cannot manage to obtain sufficient money from savings and equity release from the property to pay off her partner.

My mother could obtain a council flat immediately but does not wish to have the upheaval and distress involved in leaving what she sees as her final home, and will not leave voluntarily.

My sister is determined to "force" me to loan her the money, using emotional blackmail and the threat of my mother having to leave her final home. The matter would be heard under English Law. My house is up for sale, and I am willing to lend my sister money from the proceeds when my own property is finally sold, but my sister is saying that her ex-partner's Solicitor is ready to "close" the deal and my sister is trying to force me to provide the money immediately, which I am very unwilling to do. My sister states that if I do not come up with the funds by the 11th of June, then the house will have to be put up for sale, and she states that my mother will be homeless when the sale goes through.

Her property is in Oxfordshire and my property is in the Wirral, which means that it is likely that a buyer for my sister's property would come forward with fairly immediate despatch, probably sooner than my own property will sell, due to the relative states of the housing market in the respective areas.

My question is; if I insist that my sister waits until my property has been sold before transferring the funds under a Trust Deed, can her ex-partner actually insist upon the sale of the property, if one of the occupants is an elderly, severely disabled adult?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has her ex already issued court proceedings?
Clare
Customer: replied 3 years ago.

I don't think anything has been issued in the way of Court Proceedings. The matter was not supposed to go that far, and the parties are close to agreement. I can supply the money but need to delay the matter to provide the funds until my property is sold.


 


My sister is using emotional blackmail to attempt to get the funds sooner; if her ex-partner is not able to force my mother out, then I can supply the funds in time, without my sister being able to pressurise me. This will also reassure my mother. If her ex-partner can force the sale, then this means I cannot delay matters, and will have to either refuse to help (for the sake of my mother, I do not wish to refuse) or will have to put my own financial situation at considerable risk.

Expert:  Clare replied 3 years ago.
Hi
The simple truth is that yes legally her partner can force the sale - but that the necessary court proceedings will take time so it is not immediately imminent - it is likely that her ex partner has set a deadline for payment after which point proceedings will be issued
However this is not quite the same a s a sale being forced at that point
I hope that this is of some assistance - please ask if you need further details
Clare
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