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: 33316
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

My brother(74) and I(68) jointly own the family home which

Customer Question

My brother(74) and I(68) jointly own the family home which we inherited and n which he lives. I have my own home. His only income is the state pension and I have given and loaned him money over the past 10 years. He now owes me some £30,000, of which £26,000 is currently bequeathed to me in his will. We were both born in -and reside in-Northern Ireland. The estimated value of the house would be between £60,000 and £80,000.
I would appreciate advice on :-
(i) whether a local authority could sell his house if he went into care,
(ii) whether they could seize my share of the proceeds,
(iii) whether they could seize the £26,000 or the £30,000 referred to above, and
(iv) what steps I could take to protect my financial interest in the above under Northern Ireland law.
Brian Chalmers
***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. So are you saying that you are aware of instances where others have left early and not had to pay this back?
Expert:  Clare replied 1 year 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 is the loan documented?
Clare
Customer: replied 1 year ago.
The loan is not clearly documented.
I have recorded the loan of £24,070.13 made by me in November 2005 and his repayments made to me prior to his retirement in January 2007. In his subsequent will (following our younger brother's death in March 2010) he bequeathed £21,000 to me. At that time, that sum represented the outstanding balance of the above loan. I possess a document signed by him dated 12th March 2014 stating that he owed me £8,000 "in addition to the £21,000 ... to which my will refers". Since I have loaned him further sums and given him gifts of money. I would be content to safeguard the debt of £29,000, payable to me or my estate following my death.
Expert:  Clare replied 1 year ago.
Hi
Will your brother agree to a figure - and could you prove that the sum went from your account to his
Clare
Customer: replied 1 year ago.
I am sure that my brother would be happy to agree to a figure - if I were to ask him.
Of the original loan of £24,070.13, £21,820.13 was paid by cheque by me direct to his creditors. I believe the remainder was paid in cash by me to him. Subsequent loans were in cash or by cheque to his bank account. In short, the minority of the sums involved were not paid into his account. The bulk of his debt to me dates back 10 years. As I said, I would be content to know whether the £29,000 to which I referred in my previous message could be protected.
Expert:  Clare replied 1 year ago.
Hi
In answer to your questions:-
1. Yes if the house share is his only asset they can insist that the house is sold so he can pay for his care
2. No your half share is safe and cannot be touched.
3.. Yes that sum is at risk unless you protect is with either a formal Charge (mortgage) on his share of the equity or a Declaration of trust confirming that the the property is held in unequal shares
4. You will have to protect the money with either a Charge or a Declaration of Trust BUT be aware that the Local Authority will check that the money was indeed loaned to your brother - so be prepared to prove it.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
With reference to my original query, please confirm that your advice is correct under Northern Ireland law.
Customer: replied 1 year ago.
I did reply to your last response.
Expert:  Clare replied 1 year ago.
Hi
Yes that is correct
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
 
 
 

Related Law Questions