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.
Do you know why the sister was on the deeds in the first place? Did she contribute any initial deposit for example?
Both sisters originally purchased the house together with a deposit given to them from their father. I believe it was about £3000. They lived together for a short time but because my friends sister had her boyfriend with her all the time they fell out and she left the house.
are you still there?
I keep seeing Joshua has stepped out of this chat then Joshua has entered this chat yet I see no written reply....?
My apologies for the delay in replying to you. The thread was locked by one of my colleagues and I was unable to respond.
Would you still like to proceed?
Thanks. you refer to deposit being gifted by their father. I appreciate you may not know all the facts and it is not necessary for me to know the answer to this in order to reply to your question, though it may allow me to provide more detail if I did. do you know if the deposit was gifted by the father between the sisters, in other words £1500 each or was the deposit gifted just to one sister or unequally?
To both sisters I believe
Based upon what you say, the position is that both sisters are legal owners of the property and therefore, as you know, your friend will need her sisters signature to a transfer deed in order to successfully sell the property. Also from what you say, it is likely that both sisters will have a financial stake in the property. Initially this was likely to be equal financial stakes but your friend can seek to show that in making capital payments to the mortgage over the years, she is now entitled to a greater financial state commensurate with those capital payments that is her sister
if they are not able to agree, your friend can apply to the County Court under the trusts of land and appointment of Trustees act for an order from the court that the property is to be sold and the respective shares of your friend and her sister determined by the court based on the evidence each party can bring
Is it correct that the best way forward would be to fill out form N208 from the county court and they would help settle the dispute and suggest a fairer financial split based on what each party put forward?
If they cannot reach agreement your friend can if necessary apply to the court using a part 8 claim form:
A typical TLATA application might look something like this:
They 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.
Ok, that confirms what I was told. I just needed to know the correct form to ask for.
Yes that is the correct form.
If I can assist any further as the situation develops please do not hesitate to revert to me
I just had a look at your claim form...its only 2 pages and just says claimant and defendant on it and leaves a space to write on it. Not much to go on how to fill it in nor does it refer to enforcing that the house be sold
These forms are designed principally for use by solicitors rather than members of the public and are therefore deliberately blank. I would be happy to provide you with a skelton draft should this be of assistance which you can adapt. This would take me approxmately 20-30 mins and I would be happy to do so for a fee of say £40 if this of assistance. Alternatively you can ask the court for guidance on how they would like the application set out. THey will not give you legal advie but will help you with procedure.
Ok, I will try that first as its cost me already........thanks
Thats fine. The main difficult part is what to ask for in the order which you should be able to use the above to adapt to the circumstances.
If I can help further please let me know.
Has the above answered your questions satisfactorily?
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