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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I again asked James if he would consider letting me take on

Customer Question

I again asked James if he would consider letting me take on the responsibilities of the house since he's not getting on with it. I mentioned the legal agreement that would safe guard his rights. In the end, it was a no. Now he wants me to put the house in his name and he wants to fix it, I told him that was what we already agreed on almost a a year ago. I said how are you going to clean anything here, you refuse to do that. He said he would have a lady come in here to cook and clean. I think he means his girlfriend. I'm back to square one.
Next question. Lets say I claim the house for myself and it's in my name. He will have no knowledge of this happening. The case will be then closed then. I know he has a right to half the value of the house. But would he have the right to live there, or stop the sale or force the sale. Surely if the case is closed he can only have the right to half the value, and thats all. I'm hoping this is so.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
If he fails to challenge your taking probate or assenting the house into your name then you could serve notice on him to evict him and he would have to make court applications to challenge the possession order. If he is not likely to be competent to make such applications then this could be an approach you could take. Consider however that he is entitled to half the value of the equity as it stands so in order to guarantee your rights as legal owner you have to be able to stand ready to pay him a half share of the property and adopt the process we have previously discussed.
Customer: replied 2 years ago.

When you say adopt the process discussed do you mean, he can force the sale if he doesn't like the amount I offer him, and if someone is willing to offer more than me, that bidder can buy the house ?

As long as he out, and doesn't come back. I dont care. I will fix it, sell it and give him his share. If he can find a higher bider I dont care.

Expert:  Joshua replied 2 years ago.
Sorry no this was the process we discussed in your original question here:http://www.justanswer.co.uk/law/927eg-person-dies-without-will-two-adult-children.html
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Customer: replied 2 years ago.

As the administrator I am in charge of putting the names on the deed, but how do I claim it for myself ? Or is putting my name on the deeds, " claiming it " . I think if I just go ahead and claim it for myself and have a legal document saying I will pay my brother half the amount of the house after I have fixed it, that will be my best bet. He doesnt have any money to take it to court nor does he have a job. I been the administrator since early last year.

Expert:  Joshua replied 2 years ago.
In terms of transferring names, you do this by an assent. You simply execute a transfer of the property into your sole name. This makes you the legal owner. However you would own the property as a trustee as legal owner for you and on behalf of your brother in equal shares until either he accepts a payment in full and final settlement of his claim voluntarily or following an order from the court. I should be cautious about offering him half the value of the property after you have improved it. If you do he is benefitting from your hard work and investment. He is only entitled to half its value in its present condition. If you wish to be more generous that this fine of course, but do consider whether you wish to be as generous as you suggest.