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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33822
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have financed the buying of property mortgage all paid. Recently

Resolved Question:

I have financed the buying of property mortgage all paid. Recently I had a low in my life and drank heavily, when I bought the house I put mums name on the deeds 13 years ago. Now I have received a letter from her solicitors asking me to vacate the property by 13-7-14 where do I stand I have not been violent or anything like that, in fact I love my mum dearly. This is my home as well as mums, by the way I have not had drink for 3 weeks since I upset everyone with last binge.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why did you place your mother's name on the deeds
Clare
Customer: replied 2 years ago.

to give her security

Customer: replied 2 years ago.

can you tell me do I have to vacate property ?

Expert:  Clare replied 2 years ago.
Hi
Just to check - was this the purchase of a former council property?
have you been violent whilst drunk at all?
Clare
Customer: replied 2 years ago.

yes former council property and no never been violent whilst drunk I try to keep myself to myself when ive had a drink.

Customer: replied 2 years ago.

yes former council property and no never any violnce

Customer: replied 2 years ago.

can I have a reply please clare

Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
How much was the house worth at the time of purchase and what was the extent of the discount?
How much is it worth now?
Clare
Customer: replied 2 years ago.

£70,000 £30,000 discount. now est £120,000 but why are you asking me this, all I want to know is, (a) do I have rights to stay because I financed the property and (b) if I have to leave my home how much notice should I be given seeing as I have lived here for 13 years and run my buissness from here ?

Expert:  Clare replied 2 years ago.
Hi
Unfortunately those answers depend on the information I have requested.
At the time you purchased the property was it understood by you both that you would BOTH have the right to live in the property - was it ever discussed?
Clare
Customer: replied 2 years ago.

yes we both have the right to live in this property we discussed this with rest of family. if you cannot give me answers to previous question then I will have to seek advice from other, thank you for your time I have used my five questions up. I am not satisfied with your help.

Expert:  Clare replied 2 years ago.
Hi
In fact you are still on your first question so far as this thread is concerned.
If there has been no violence then you cannot be force to leave the property immediately
In any event you would have been entitled to at least 28 days written notice
However given that you funded the purchase and did so on the basis that it would be a home for both of you then you can apply to the court under the Trusts of Land and Appointment of Trustees Act for an Order that the property is transferred into your joint names and an Order allowing you to live there
Be aware that case law gives your mother 30% of the equity - the amount of the discount.
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33822
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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