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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I gave my house deeds over to my daughter in law so she had

Resolved Question:

I gave my house deeds over to my daughter in law so she had credibility to take out a loan this she did in order to buy her dream home in spain with my son and I was to live with them and they would pay me back later things did not go as planned the said they would sell and buy me another house now they are divorced my son is still paying another loan taken out in spain by them both she is not willing to sell the house and will not even acknowledge me and says I will get nothing my son has tried to get her to sell but she won't
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What is your question please?
Customer: replied 2 years ago.
What can I do
Expert:  UKSolicitorJA replied 2 years ago.

Thank you.

You may go to court to seek an order forcing the sale of the house under the Trusts of Land and Appointments of Trustees Act 1996

S. 14 (1)Any person who is a trustee of land or has an interest in property subject to a trust of land may make an application to the court for an order under this section.
(2)On an application for an order under this section the court may make any such order—
(a)relating to the exercise by the trustees of any of their functions (including an order relieving them of any obligation to obtain the consent of, or to consult, any person in connection with the exercise of any of their functions), or
(b)declaring the nature or extent of a person’s interest in property subject to the trust,
as the court thinks fit.

 

15 Matters relevant in determining applications.(1)The matters to which the court is to have regard in determining an application for an order under section 14 include—
(a)the intentions of the person or persons (if any) who created the trust,
(b)the purposes for which the property subject to the trust is held,
(c)the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home, and
(d)the interests of any secured creditor of any beneficiary.
(2)In the case of an application relating to the exercise in relation to any land of the powers conferred on the trustees by section 13, the matters to which the court is to have regard also include the circumstances and wishes of each of the beneficiaries who is (or apart from any previous exercise by the trustees of those powers would be) entitled to occupy the land under section 12.
(3)In the case of any other application, other than one relating to the exercise of the power mentioned in section 6(2), the matters to which the court is to have regard also include the circumstances and wishes of any beneficiaries of full age and entitled to an interest in possession in property subject to the trust or (in case of dispute) of the majority (according to the value of their combined interests).

 

 



You should appoint a solicitor to make the court application for you and to guide you properly as this is too complicated to do on your own.

May I help further?

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.
My house was sold as the loan was to great to pay back it have no right over the house in spain as nothing was put in writing. Am I flogging a dead horse or do I stand a chance aim on pension credit will I be able to get legal aid
Customer: replied 2 years ago.
You still have not answered di I press a wrong button
Expert:  UKSolicitorJA replied 2 years ago.
I am afraid it seems like you are flogging a dead horse unless you want to sue her in the courts, either here in the UK or Spain.

See here for whether or not you qualify for legal aid

https://www.gov.uk/legal-aid/overview

Hope this helps
Customer: replied 2 years ago.
Ok thanks is there anything my son can do he is presently going to family court because he fears ( his ex wife who is colombian) that his youngest son will be taken to colombia he is trying for supervised access she has been saying lots of nasty things about my son also trying to prepare the youngest to go to colombia she will not even admit she has a property in spain and is in no way prepared to sell she has legal aid so can do what she likes and although it's been dropped she did a ccuse him of abuse she left three and a half years ago going back to colombia on and of said she has bought a house and started a business out there my son cannot afford solicitors fees etc after he has finished with sorting out with his boy is there a course of action he can take over the house which will no cost an arm and Alegre. Please what would be the best course
Expert:  UKSolicitorJA replied 2 years ago.
I am afraid family children law is really not me area but he may contact the charity families need fathers for further assistance

http://www.fnf.org.uk

All the best
Customer: replied 2 years ago.
Yes but how can he go about getting a settlement on this house
Expert:  UKSolicitorJA replied 2 years ago.
That will be part of the divorce proceedings.
Customer: replied 2 years ago.
Cheese has been nothing done with the divorce proceeding it was over 2 years ago she did it my son ignored it he is presently suffering from depression this is why I am asking for help
Expert:  UKSolicitorJA replied 2 years ago.
I would advise that your son and you visit a solicitor in person who can review all the paperwork and advise on the way forward as it is too complicated for a forum like this online.

The solicitor would need to see whether a consent order or a financial order was made by the court etc and see if the matter can be reopened.

All the best. I will now close this question.

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