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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother has lived in a property for 10 years in which she

Resolved Question:

My mother has lived in a property for 10 years in which she has a charge of 90000 although my son in law owns the deeds during her time there despite a verbal agreement he has paid nothing towards maintenance and my mother has kept it in perfect condition including roof repairs garden fences garage roof Central heTing and much more. I have been told she should claim for this a an added financial interest in the property but don't know what to do?
Brenda stidolph
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 :

May I clarify what is meant by your mother having "a charge of £90K" in respect of the property please?

Joshua :

Do you mean she has a £90K interest in the property?

Customer: Yes she has 90000 interest with a legal charge on the propertyy daughters estate (she died four years ago) has an interest of 38000 on the property too
Joshua :

OK thank - who bought the property originally and who are the legal owners?

Joshua :

Would you like to continue?

Customer: My son in law bought it and retains the deeds
Joshua :

Thanks. Did they agree any form of declaration of trust when they purchased the property or did your mother simply lend him £90K and secure a charge on the property to protect her loan?

Customer: Lent him the money
Joshua :

Thanks. If your mother can show she has paid for capital improvements towards the property she has the basis for a claim to a further interest in the property by way of something called a constructive trust. She cannot make a claim for outgoings she may have paid on the property but improvements or any payments towards any mortgage for example would all count. She would need to have evidence of the capital contributions she has made towards the property in order to make such a claim.

Joshua :

If the claim is contested then the matter would need to proceed to court as a claim under the Trusts of Land and Appointment of Trustees Act for which she would need a solicitor. Costs for a typical TLATA claim can be anything from £1500-3000 and more if the matter is protracted so it would only be worthwhile contemplating this if she has expended considerable sums on the above

Joshua :

However she has the basis for a claim in the above terms if she can evidence such expenditure in principle.

Joshua :

Items such as replacing the roof and central heating for example would constitute capital expenditure on the property in the above terms.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer: Thank you is there some pro forma or something that is available or would it all need to be done via a solicitor?
Joshua :

May I clarify would this be in relation to actually making a claim in the courts or something else please?

Customer: Making a claim in the courts but the correct way to it it to owner?
Joshua :

TLATA claims are typically pursued though solicitors because they are not straight forward. A typical TLATA application might look something like this:


You may apply to the court for: 1. A Declaration that the Property and the net proceeds of sale thereof belong to the Claimant and Defendant in shares ??:?? or such other shares as the Court may decide. 3. An Order that the Property be sold with the Claimant to have conduct of the sale and that the Defendant do join with and co-operate with the Claimant and take all steps and execute all documents necessary to effect the sale of the Property failing which a District Judge of this Court will have the ability to sign such documentation in place of the Defendant. 5. Such provision as the Court shall see fit in relation to occupational rent. 6. Such further or other relief as the Court may deem appropriate.

Joshua :

A claim would normally be issued using a part 8 claim form if there is no fundamental dispute as to fact regarding the case but just dispute over the figures:


http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=424

Joshua :

Is there anything else I can help you with?

Customer: I think that's just about it but wondered if the fact of keeping the house and garden in good order (and it is immaculate) has been left totally to my mother could be taken into account too?
Joshua :

This is more problematic unfortunately. The courts will typically only consider capital contributions towards a property as evidence of entitlement rather than payment of outgoings and general maintenance. Improvements can be claimed but maintenance as a rule cannot. However if your mother were to bring a claim her attention to such a high level of maintenance could be considered overall as a general overall improvement potentially allowing a judge to find a way to give credit to her for the same.

Joshua :

Can I help you with anything else on the above?

Customer: Thank you for your help I think that's all!
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

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