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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Hi, in 2007 my brother, whilst extremely unwell and receiving

Customer Question

Hi, in 2007 my brother, whilst extremely unwell and receiving hospital treatment, was persuaded by his long term partner to sign his share of their jointly owned house over to her. He was on oxygen at the time, unable to walk and very vulnerable. A couple of years later they split up - she then changed the locks, changed her phone number, very quickly sold the house then disappeared. My brother has been very unwell and too embarrassed to try and seek help - I've only just found out about this. He is penniless and has asked for my help. Do you think we have any grounds for taking this further and, if so, how. Thank you.
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.
How much was the equity in the property and does he know where his ex is now?
Clare
Customer: replied 2 years ago.

Hello Clare,

He thinks it was around £100,000. No we don't know where she is now but I don't think she'd be hard to find - she's a director in her father's business.

Expert:  Clare replied 2 years ago.
HI
When was the property purchased and how was the purchase funded?
Clare
Customer: replied 2 years ago.

I don't know the exact dates but obviously I can get them off my brother but they bought the house maybe a year or so before he was ill - 2006 ish? It was funded by the sale of their previous property (and a joint mortgage as well obviously).

Expert:  Clare replied 2 years ago.
Hi
How was that previous property funded - what I am trying to establish is the relative financial contributions of each of them
Clare
Customer: replied 2 years ago.

OK let me explain...


 


When he met her he owned a house in Mitcham (on his own - with a mortgage) - she was a bankrupt and couldn't at that time get a mortgage. She moved in with him then eventually, I presume when her period of bankruptcy was over, she was added to the deeds of his house. This house was sold and they bought a house in Thamesmead, they lived there for a few years, then that house was sold to buy the one that is now in dispute - the one that she then defrauded him out of.

Expert:  Clare replied 2 years ago.
Hi
Was the Mortgage also transferred to her sole name in 2007?
Clare
Customer: replied 2 years ago.

I'm not sure about that.... would have to check... is it relevant?

Customer: replied 2 years ago.

Hi, not sure if I answered this already or not but I don't know - I assume yes but I need to check with my brother (he's not available for me to check at the moment).

Expert:  Clare replied 2 years ago.
Hi
Very relevant
Clare
Customer: replied 2 years ago.

Can I get back to you with this information? I can't contact my brother at the moment to ask him.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare

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