How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

WE HAVE A FAMILY DISPUTE REGARDING A PROPERTY THAT WE HAVE

Customer Question

WE HAVE A FAMILY DISPUTE REGARDING A PROPERTY THAT WE HAVE LIVED IN OVER 10 YEARS WITH PARENTS. THEY HAVE NOW PASSED AND PROPERTY HAS BEEN GIVEN TO ALL SIBLINGS, PROBATE HAS JUST GONE THROUGH AND WE WERE ALL IN AGREEMNET WE WOULD BUY ALL THE SIBLINGS OUT AND PUT THE HOUSE IN OUR NAME, PRICE WAS AGREED ,WE HAD A PROFESSIONAL HOUSE SURVEY TO ENTAIL US WHAT EXACTLY THE HOUSE WAS WORTH,THEY WERE NOT HAPPY WITH THIS, FINALLY THEY AGREED ON A LUMP SUM. WE HAVE ONLY BEEN ABLE TO COME UP WITH THE AMOUNT FOR ALL THROUGH A REMORTGAGE, AS NOONE NAMES ARE***** WE ASKED THROUGH A SOLICITORS CAN WE GET ALL SIBLINGS NAMES ON THE DEED SO WE WILL BE ABLE TO GET THE MORTGAGE. 2/5 SIBLINGS HAVE NOW ASKED FOR A EXTREME AMOUNT WHICH THE HOUSE IS NOT EVEN WORTH AND WILL NOT SIGN THE LETTER FOR EVERYONES NAMES TO BE ADDED ONTO DEED., THUS WE ARE NOT BEING ABLE TO RECEIVE THE MORTGAGE MONEY UNTIL OUR NAMES ARE***** PLEASE HELP TO LET US KNOW WHERE WE STAND
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 is the Property worth?
Clare
Customer: replied 2 years ago.
Hi Clare , thank you so much for replying, we had a house buying survey by White Horse Surveyors, which cost us £450.00. This was a very in depth and thorough report as the condition if the house is deteriorating they valued the property as £220,000 in its current state.
Kind regards
Khalida
Expert:  Clare replied 2 years ago.
HI
How much can you raise on a mortgage?
Clare
Customer: replied 2 years ago.
They settled on £50,000 each, initial payment of £45,000 ( £180,000) and then £5,000 each after 3 months (£20,000) . The house should be divided by 5 siblings with 4 shares being paid out .
Expert:  Clare replied 2 years ago.
Hi
I am sorry?
You need to raise a mortgage of £176,000 to pay them off.
Can you do so?
Clare
Customer: replied 2 years ago.
I'm so sorry we can get a remortgage for £180,000
Kind regards
Khalida
Expert:  Clare replied 2 years ago.
Hi
If you can mortgage the property and pay then all off immediately why do you need their names on the deeds?
Clare
Customer: replied 2 years ago.
We can only get a remortgage for the full amount that is required, the house has gone through probate but my husbands name needs to be on the deed, as we know the brothers would not accept just his name we have asked them to have the house on all siblings names, the solicitor who is dealing with the probate and the broker said it is okay for all siblings to be put on the deeds the moment this is done the funds are ready and awaiting to be transferred to them and then we would transfer the deeds fully into our names, they agreed to this last week but since then two have become nasty and are asking for more money and said they won't put there names on the deeds, the other 2 siblings are completely fine with putting the names on.
Expert:  Clare replied 2 years ago.
HI
I am sorry this does not make sense.
YOU and your husband are getting a mortgage to pay the other off.
Why can the deeds not be transferred directly to your names
Clare
Customer: replied 2 years ago.
We can only get a remortgage on the property not a straight forward mortgage, but my husbands name has to be on the deed to get obtain the money to pay the siblings
Customer: replied 2 years ago.
We asked the solicitors dealing with the probate about transfering the deeds directly into our name and them paying the siblings off and she replied that that is completely okay asking as you have a letter signed by all siblings agreeing to this we can proceed but 2/5 have now demanding more money and for some weird reason do not want to put there names or sign the letter to put ours on the deed
Customer: replied 2 years ago.
Hi Clare , I've had no response on my last email??
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Right so in fact the property does NOT have to go into all the names first - they can be paid off at the time the property is transferred.
The problem now is getting the two of them to accept the value of the property - is that correct?
Clare
Customer: replied 2 years ago.
Hi Clare ,
Yes they are making things very difficult!
Making demands we. Fight tooth and nail to adhere, once we manage to do what they ask they change there mind.
Customer: replied 2 years ago.
Our name needs to be on the deed to be able to receive the REMORTGAGE , which they would not agree to for some reason thinking that we are going to do something with this this , so we asked if all siblings can have there name out in and we ewe told that this us fine but 2 of them will not sign the letter allowing everyone's name to be on the deed for some unknown reason
Expert:  Clare replied 2 years ago.
Hi
I am sorry I am confused here.
You and your husband are buying their shares of the property from them
Why would their names remain?
Could you explain why they think they are entitled to £50,000 each when they are only entitled to £44,000 each and you will pay that straight away
Clare
Customer: replied 2 years ago.
Hi clare ,
Please see my original first email as I have explained everything in there. We got a home buyers surveyor done which was £44,000. They were not happy with this and said if we put the house on the market we will get more money, even though it is a legal document they were not happy so after further discussion with all, and having estate agents giving quotes on the market value they decided on 50k each, we have no choice otherwise they will sell the house making us homeless , so we tried to arrange the money which can only be as a remortgage for my husband and I all was agreed only clause that we can't get the money until his name is ***** ***** the deed they agreed solicitor was happy to proceed letter was written and now 2 of them have decided the house is worth more even thought we have a legal document to say what the house is worth obviously the estate agents value is different but they are going way way to high
Expert:  Clare replied 2 years ago.
Hi
Why do they think that they can get more money if there is a sale?
Clare
Customer: replied 2 years ago.
Because the house buyers report is a very in depth report with every part of the house looked at and the value is do e on this. The estate agents which they chose about 6 not realising the extent of repairs needed have valued the house from £250,000 upwards also they have said houses on the road have sold for more( obviously these are immaculate and have had extension done
Expert:  Clare replied 2 years ago.
Hi
Ah i see.
Have you spoken to the Estate Agents and asked them to reconsider the valuations in the light of the report?
Are you willing to pay the extra (just cannot do so now)?
Clare
Customer: replied 2 years ago.
No I haven't told the estate agents regarding the house value report as they bought some of the estate agents . We had a very varied valuations between £250.000 to £320,000 so we agreed for on £ 50,000 , we don't really have had a choice as they have been quite abusive
Expert:  Clare replied 2 years ago.
Hi
Just so that I understand.
You have agreed to pay them £50,000 each - but the final £5,000 each will be paid at a later date.
This has been agreed but two of the siblings are concerned that their £5000 will not be protected if the property is transferred into your husband's name.
Is that basically the position?
Clare
Customer: replied 2 years ago.
No we agreed on the £50,000 with the remainder of £5,000 to be paid later, we were told by our advisor this had gone through we advised the siblings the next day the broker said okay so your name is ***** ***** deeds which it wasn't need this for a remortgage, so contacted the brothers asking for the property to be transferred in all our manes and then once we get the money pay them then transfer property back to us all agreed then within a week no contact from 2 of them then abusive text we're using underhand tactics we said it was all finalised no we're changing what was agreed (through no fault of ours ) then it went in to we(2) aren't signing we want the fullest amount no we're stuck as we want to desperately but the house and pay them and have nothing to do with them ever again they have made our life he'll I have an autistic son ego understand when they come round shouting threatening us and it destroys him .
Expert:  Clare replied 2 years ago.
Hi
There has been some confusion I think.
The house will have to be in the name of you and your husband alone - the others can never be added back on and it may be that this is what has caused the problem
However the £5,000 each that they would be owed can be protected in a number of different ways so that they can be sure that they will not lose out.
You need to have a solicitor explain to them why this has to happen in this way - and to prepare the documentation which will protect their £5,000
In the negotiations you shoudl point out that if the house is sold there will be sale costs which will reduce the amount that they receive
The only other option is for the property to be marketed and for you to pay the price set by the Estate Agent agreed on
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Is there any legal way which we can proceed with making them put all our names onto the deeds? (All siblings) they are completely fine with receiving the amount 45k and transferring the deeds into our name but they for some strange reason 1 particular brother does not want his name on the deed at all, but doesn't seem to want to understand we need this to obtain the money to pay to them .
Expert:  Clare replied 2 years ago.
Hi
Their names cannot be on the deeds once the mortgage is in place.
The only names which can be on the deeds are those of you and your husband!
The Executors will transfer the property to you on the completion of the mortgage and the release of the funds to the estate
Clare
Customer: replied 2 years ago.
But we need our names on the deeds to obtain the remortgage, how do we go about that?
Expert:  Clare replied 2 years ago.
Hi
It is done automatically at the time of the Transfer
Clare
Customer: replied 2 years ago.
I m so sorry but it's not making any sense my husbands needs his name on the deeds before we get the remortgage to be able to receive the funds to transfer , when probate goes through does this means everyone's name goes on the deeds automatically if not please advise?
Expert:  Clare replied 2 years ago.
Hi
Are you saying the mortgage company is not aware that this is a probate matter
Clare
Customer: replied 2 years ago.
No we are able to get the amount needed on a remortgage of course the the broker is aware of the situation but you can only get a remortgage if your owner or part owner of the house??? As soon as my husbands name is ***** ***** deed we have the remortgage to give out , the mortgage broker is aware this property has gone through probate
Expert:  Clare replied 2 years ago.
Hi
As a beneficiary your husband is already a part owner of the house which fulfils the condition and there should be no need for the other names to go on the deeds at all
Clare
Customer: replied 2 years ago.
So to clarify as he is a beneficiary to obtain the remortgage he would not need to be on the deeds is that correct so I could advise the broker that he is a beneficery so will that allow us to get the remortgage ?
Expert:  Clare replied 2 years ago.
Hi
Yes that is correct.
The solicitor handling the mortgage should be able to help you with this
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice