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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a brother who is currently sectioned under the mental

Customer Question

Hi,
I have a brother who is currently sectioned under the mental health act due to having Huntingtons Disease. He was initially sectioned due to an assault charge over 5 years ago which went to court and rather than jail him they sectioned him to hospital. Currently he is still there.
He has joint ownership of a property with his old partner who wants to sell it and divide the money. However she is also asking for all sorts of charges and maintenance etc from the sale proceeds so that my brother would not get as much of the money.
Is it advantageous to hold onto the property or sell it and get the cash. Currently they are trying to move him to a different property to live in but effectively he will still be under section. I need to know what advice to give him in regards ***** ***** he sells or hangs onto the property?
Thank you, ***** ***** Exeter, Devon
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are they/were they married?

-Is the title held as a joint tenancy or tenants in common and in what shares?

-Are there any formal agreements or deeds of trust in place?

-Who is living in the propertyopertty now?

-Where does he intend to live when discharged from hospital?

Customer: replied 10 months ago.
Hi-Are they/were they married? NO-Is the title held as a joint tenancy or tenants in common and in what shares? IT WAS BOUGHT TOGETHER I'M ASSUMING AS JOINT TENANCY WHEN THEY WERE SEEING EACH OTHER - THEY HAVE TWO CHILDREN WHOM STILL LIVE AT THE PROPERTY-Are there any formal agreements or deeds of trust in place? NO-Who is living in the propertyopertty now? THE EX - LOUISE WRAITH AND THE TWO CHILDREN-Where does he intend to live when discharged from hospital? PROBABLY AT ASSISTED ACCOMMODATION WHERE HE IS SUPERVISED
Expert:  Harris replied 10 months ago.

Thanks for confirming. As they were not married and there are no formal agreements, he is legally entitled to obtain a share of the net proceeds of sale in accordance with his share of the title - so if it is a joint tenancy it must be equal. If it is unequal sharers it will be in accordance with his share - therefore if she attempts to reduce the net proceeds of sale by paying maintenance etc, this will impact her share too as they are joint owners.

In relation to whether they sell or not, if the children are still dependant then she will have argument to remain in the property for their benefit. If no agreement is reached to sell the property then the joint owner intending to sell can pursue a county court application to sell the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 10 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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