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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25427
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my mum signed her house that was in her name over to my brother

Resolved Question:

my mum signed her house that was in her name over to my brother five years.... she was given to in believe this was an insurance document..I was out at work at the time.. I had made several offers on the house all refused... i need help now to secure my mothers and my future... years ago he payed for the property getting my mum and dads loyalty discount..He has never maintained the property very rarely visits my mum who is now elerderly and frail....i work part time and moved in to look after my mum he wants me out and wants my mum put into care against her wishes ple help us give us some advise jan XXXXXXX...oh by the way my mum is years old.. so im acting on her behalf to get what is rightfully hers ie.... the house had gone up in value five years ago even more so now.. but not one penny ... exchanged hands i believe this is wrong.. thankyou

Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

When was the property purchased by your brother please? This would have had to be purchased in your parents names to obtain the right to buy discount. Do you know if a trust deed was signed at the time by your parents in your brothers favour at that point? Did your parents put any cash towards the purchase themselves?

Customer:

he purchacd it the sevebtys.. i know they made a willl stating that the house be left to him i dont know about any deed.. as he has all the paper work.. my mum has since changed her will.. leaving her accets to me apart from the house as we were told he made her sign it over..no he payed for it out a redundancy payment..

Joshua :

Thanks. So do I understand correctly that your parents did not pay anything towards the house?

Joshua :

You mention that your parents signed over the house to your brother. Did the sign a transfer deed transferring the legal title to him? This may have just been your mother from what you say?

Customer:

yes she did as i checked with land registry.. but it was signed wth a neighbour being a witness not a solicitor saying it was for insiirance not a transfer deed.. when she found out she went mad.. he has never done a thing to the prooperty ie maintained it..they had new windows ..new heating system.. we have kept his house up to date making a huge profit for him, he had discount house cost ..twenty 3 thousand 500.. just found out its worth around..one hunderd and 80.000approx...i have looked after my mum as her health as deterioated ...but its my mums rights not about me..surely up to the day it was signed over to him she should be entitled to something.. as he has not helped finacecially at all

Joshua :

Thanks. Does the neighbour recall that it was confirmed by him this was an insurance document or does the neighbour not recall?

Customer:

the neighbour has moved.. i was thinking of cng if i could find his new adress we have it somewhere... but my mum is not suffering from dementure..

Joshua :

Thanks.

Joshua :

This arrangement is potentially difficult from what you say. Not so much because of the transfer as this may be able to be reversed depending on the evidence, but more in respect of the arrangements for the original purchase as follows...

Joshua :

The position is from what you say that your brother (notwithstanding the suspect legal transfer) would have had a 100% equity stake or near 100% equity stake in the property by virtue of paying for it originally despite your parents being the legal owners. They may or may not have entered into any formal documents dealing with who owns what share in the property at that stage. If they did such documents may be conclusive; if they did not then providing your brother could prove he paid for it (notwithstanding the transfer of legal title) he may have been able to sustain a claim to the equity in the property regardless.

Joshua :

At the same time of course your parents could seek an equity share in the property potentially for any capital improvements they have made to the property. However such claims would have to be evidenced.

Joshua :

If this matter were to proceed to court, this has the potential to be expensive in terms of costs and with the passing of time this matter may be difficult for you to evidence. I do not say this in order to be negative but it is important not to underestimate the task you have. You may be able to set aside the transfer if you can show that it was signed under false pretenses but your mothers condition and lack of neighbour make this a potential challenge in itself. Even if you ere successful you then have the potential that your brother will have a claim to the property or at least much of it anyway by virtue of his paying for it originally.

Joshua :

In these circumstances, mediation would be well worth considering in the first instance at least. This can be a cost effective way to broker a settlement between you and your brother without the need for court and can better preserve family relationships.

Joshua :

If mediation is unsuccessful you have the option of court however some considerable investigation would be required in order to establish the facts and evidence of your claims before considering the same and a reaslism as to the most that could likely be achieved in such a claim in the face of your brothers potential evidence of having paid for the property originally.

Joshua :

Is there anything above I can clarify for you?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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