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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My parents signed over their house to my brother and I 8 years

Resolved Question:

My parents signed over their house to my brother and I 8 years ago. Both parents have now died. My brother can't afford to buy my share. And has in fact moved into the property , treating it as his own. I wish the property to be sold. This was the understanding of my parents when they signed the house over to us that we would benefit from it.
What rights do I have ensure that my brother does overstep his legal rights. I wish to pursue this as amicably as possible but would like to know where I stand.
Regards
Linda
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi Linda.

tdlawyer :

My name isXXXXX should be able to assist you with this.

tdlawyer :

Was there an agreement/understanding that your brother would be eneitled to remain in the property itself once your parents had died?

Customer: No
tdlawyer :

Okay. Then in that case, if you can no longer have a sensible conversation about this important issue, you might have no choice but to get somebody else to relay the right messages, or do so yourself in writing. He needs to understand that you both have an entitlement, not just him. It's worth a letter, from you, saying these things and inviting him to chat them through with you, but if that's not possible, you need to draw a line under this somehow, even though that might be uncomfortable.

Customer: What if he refuses to discuss as you say, if he ignores the letter.Where do I stand legally.
tdlawyer :

You can apply to the Court using what is known as a Part 8 Claim, seeking an order for sale of the property. This would then result in the property being sold, and the proceeds of sale split between you.

tdlawyer :

It's a claim under the Trusts of Land and Appointment of Trustees Act 1996.

tdlawyer :

It should be pretty straight-forward.

tdlawyer :

There is some useful information about this type of claim here: http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

tdlawyer :

Would you like me to address anything specific about this?

Customer: Than you. We will follow your advice
tdlawyer :

Thank you. Good luck in resolving this quickly.

tdlawyer :

Is there anything else I can assist with?

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