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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33803
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sisters and brother were left our family home. My brother

Customer Question

My sisters and brother were left our family home. My brother has since died and my sister in law now gets his share. I have exchange contracts with my sisters in order to buy the house for £180000. Our solicitor has had a letter from the sister in law saying she is offering £185000. My sisters and I want me to buy the house as rhis is where I was born and this is where I am living since 2 yrs. the house was on the market for 2 yrs with no interest so we decided that I could buy it as I love it dearly. The contracts have been exchanged and we are waiting for my mortgage to come through to comlplete in the next twi weeks. My sister in law has now offered 185000 as she doesnt want me to be able to buy the house. Has she any way she can stop me buying the house or does she have to sign for her share when we pay it out??
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The house is worth about £180- 200000 but has a LOT of work to do on it. My sister in law has not contributed a single penny for the upkeep or bills of the house since my father died 3 yrs ago. The house was also empty for two yrs prior to this as my parent were in a residential home. My Mother is still alive but has dementia.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but i need some further information firstAre you sisters selling as Executors of a Will?
Customer: replied 1 year ago.
My father gave us three sisters and borother this house as a gift to his children 17 yrs ago.
Expert:  Clare replied 1 year ago.
HI
So on what basis have contracts been drawn up?
Clare
Customer: replied 1 year ago.
My two sisters have signed ro sell the house to me. My sister in law dis not need to sign as her name wasnt involved. She gets a quqrter of the house money which would have been my brothers.
My dad originally said that i one o us died ther others would automaticaly share the share but when we checked the paper work one scentence sais tenants in law and one scentence said tenants in common. So she gets a quarter of rhe house.
It was only my sisters and I that needed to sign for the house but we had to ket the in law know that we had sold it and that money was coming her way.
As i said the house was on the market for 2 yrs before i said i was going to buy it. Now she has offered 5000 more! I cannot match this as she will only upnthe offer again as she has money and property and I could not compete
Customer: replied 1 year ago.
I have told our solicitor that I would like to finish the sale by next week if possible.
All that needs to be done again is transfer the money and get the little mortgage I needed paid in
Can my sister in law stop this sale going through now that we have signed? And can she demand that I move out of my home??
She is not short of money and owns a business, a small farm, six flats and a house she rents out. All her children are now adults so has no dependants either. Rhis money would be pocket money for her but she gmhas stated that she diesnt need the money just the pleasure of seing us struggle to keep our parents house. Please can you help?
Expert:  Clare replied 1 year ago.
Hi
You refer to an Exchange of Contracts - has the solicitor confirmed that the transaction is now set in stone?
Clare
Expert:  Clare replied 1 year ago.
Hi
Sorry I had not seen the reply about ownership.
In that case there is nothing the sister in law can do to stop the transaction so lease do not worry.
The only thing she can do is argue that she shoudl have an extra £1250 - and I think she would struggle to do that
Clare
Customer: replied 1 year ago.
So I am within my rights to want to complete by next week? Do we have to wait for an answer from her? We have sent a reply to her solicitor that the sale is going through whatever she says. Can she delay this?? My mortgage offer finishes in 6 weeks! Can my solicitor finish off the sale anyway without a response from her??
Expert:  Clare replied 1 year ago.
Yes you can go for it - worst case scenario is that she could claim an extra £1,250 - and even then she would struggle for it!
Customer: replied 1 year ago.
Thankyo soooo much. I hope I can now sleep better tonight. Have a good weekend!
Expert:  Clare replied 1 year ago.
You are welcome - sleep well
Clare, Solicitor
Category: Law
Satisfied Customers: 33803
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry to bother you. My sister in law is now going to take us to court. Will she win? My solicitor has said he cant complete the sale as part of my payment is by mortgage.
Have I any chance of winning ?? I one of my sisters has said shell lend me money so that I dont need any mortgage so does this make a difference!?? If we go to court will we win or do I have to give up my dream and let my sister in law have my home??
Expert:  Clare replied 1 year ago.
Hi
What has she actually done/
Clare
Customer: replied 1 year ago.
She says its not enough. She is taking us to court. She has offered 185000 If i match this she will just up it again and again. Is there anything I can do??
Customer: replied 1 year ago.
I will lose my mortgage offer
My father built this house and this is where i was born. She is just an in law!!! My two sisters want me to have this house. So the three of us are in agreement. It is the sister in law that doesnt want me to have it.
My father is passed away but my mother is still alive and living in the residential home that is owned by my sister in law!
Customer: replied 1 year ago.
If she takes us to court can she win? I will have to represent myself. Have I any hope?
Expert:  Clare replied 1 year ago.
Hi
What court application has she actually made - and can you go ahead with your sister's help and get the mortgage later?
Clare
Customer: replied 1 year ago.
I dont know what court application she has made. I will see the letter tomorrow. What can she do and has she got a right to stop us?
I could go ahead without the mortgagewith my sisters help but canwe do this? I need to get the house in my name. If i do this has she the right to refuse the money offered?
Expert:  Clare replied 1 year ago.
Hi
Until you know the application it is hard to say
However provided you have clear valuations showing that the price you pay is the correct one then she will struggle to make a case
Clare
Customer: replied 1 year ago.
She is taking us to courttodemand more money. She says the house is worth more and so she wants more. I cant affoard anymore. ( i suppose it is worth about £20000 more) but it was for sale for 2 yrs and noone showed interest until i said that i was going to buy it. So she offered £5000 more and it will go up if I match her offer. She has not co tri uted a single pen ny towards its upkeep or paidanything towards it. We have repaired the storm damaged roof,put new electrics in and some new windows and paid insurance etc for the lasrt 6 yrs since my parents went into the residential home
Customer: replied 1 year ago.
I will let yok ow when I see her letter. Thankyo. Sleep tight
Expert:  Clare replied 1 year ago.
The other option is to ask your sisters to support you so that you can give her the extra £5,000
Customer: replied 1 year ago.
They are willing to do this for me. But she will up the offer again. Can she do this??
Customer: replied 1 year ago.
She will do everything she can to stop me. Shehasmoney to do this. She owns a load of properties and has enough money notto care what she spends. Her only goal is to not letmebuy mom and Dads house
Expert:  Clare replied 1 year ago.
The sooner the transfer takes place the better - then you can argue over money - better than arguing over the house
Customer: replied 1 year ago.
Good norning. We have matched the sister in laws offer of £185000 now. She will up the offer to £190000 now. I cannot match this. How would I stand if I bought my two sisters out? I would then own 75% of the house. Would I be safe? Could she still demand her share at a later date or could I say that i live there for my life and the house can be sold after we die and her share then goes to her children??
Expert:  Clare replied 1 year ago.
Hi
What was the actual wording of the Will/
Clare
Customer: replied 1 year ago.
It wasnt a will my Father signed the house over to my two sisters, brother and myself 17 yrs ago while he was in his 60s and he an my Mom continued to live there until they went into a residential home 6 yrs ago. The wording of the document starts something like........
'Out of the love for my children i give the house..... Then the four of us had to sign. So the names on the document are mine, my two sisters and my brother who passed away 3 yrs ago. My fathers intention was if one of us died the others automatically shared that share. But... The solicitor( which is my sister in laws solicitor) is drunk by lunchtime and put 'tenants in common" in one place and 'tenants in law' in another thus his wife gets his share? But her name is ***** ***** this document. Does this make us three sisters have more of a right??
Even though I have matched her offer now of 185k. All she is going to di is go up again. I cannot go any higher.
She is taking us to court. Can we beat her or do I just give up?
How would I stand legaly if I bought my sisters out and owned 75%. Could she evict me at any time even though I have to spend on a roof windows and electrics??
Is there ANY way we can beat this woman and buy my mom and Dads house??
Customer: replied 1 year ago.
My sister in law told me 3 yrs ago that her intension was to see us suffer. That she didnt need the money and wouldnt care if the house fell down as she had no feelings for it like I do. This is why she is doing this..... To buy the house and then tear it down and build a new one on the site.
We have done nothing to her except go and fetch the document after my brother died She is bitter that he has died and we are still alive.
Customer: replied 1 year ago.
Now that we have matched her offer does this make it better or worse if we go to court? By offering 185k does she admit that this is what it is worth? And if she ups her offer again will rhe court see what she is doing??
I am homeless if she wins... And if i want to buy another house i need the money from mom and dads house to buy one and she will block me again by the same tricks as she is doing now. She holds us all in her control!
As i previously said my mother lives in the residential home she co owns with my sister. My sister is retired and her husband has alzheimers so ahe wants her share of the home but she is refusing this also.
Expert:  Clare replied 1 year ago.
Hi
Have you not challenged the involvement if the solicitor as a conflict of interest?
Clare
Customer: replied 1 year ago.
No. Didnt understand enough. We asked but were told it would cost more than the house was worth and we would have to go out of area as all the local solicitors know eachother. My Dad has passed away now so is there still conflict of interest? Could this affect us?
Customer: replied 1 year ago.
When she takes us to court to stop this sale have I ANY chance of winning? Or do i give up now and tell her she's won?? I dont want to go to court and loose my home that way, ...... Where do I stand if i own my own and my siters share? Im 52 yrs old now and am running out of time to get the mortgage to pay her out. I have enough money to buy 2 out without a mortgage but have been told that the mortgage cant be released by rhe solicitor because of my sister in law protesting.
Customer: replied 1 year ago.
If I buy my two sisters out and own 75% of the house will i have the say what hapoens and will she be able to demand her share later in life? And if i spend repairing the house to make it better and worth more will her share increase too or will what ive spent be taken into account? Sorry for being a nuisance but she is ruling our lives and tryoung to make me homeless and refusing to take money for her share
Expert:  Clare replied 1 year ago.
Use the help given by your sister and go ahead with the sale and the accounting to your sister in law IF she issues a court application then challenge her use of her current solicitor on the basis that there is a clear conflict of interest and he will have to give evidenceIf she reuses her share put it in a bank account and wait
Customer: replied 1 year ago.
Can she make us pay more ? An can I charge her for a quarter of the work we have had to do ti the house eg electrics an windows and part of the roof fell off total spends £8000? And the future spends wil be four windows, the rest o the electrics and the garrage roof has fallen in! Can we say if she doesnt agree that we want money for these or better still can we deduct 25% of what weve spent from her share?? Im so grateful for your help and advice
Expert:  Clare replied 1 year ago.
Make the deductions and send a full accounting - the rest is down to her
Customer: replied 1 year ago.
I will swnd the bills! If i buy my two sisters out and own 75% of the house does she have the right to demand i sell anytime she wants?? Will i be safe owning three quarters ? Or can my solicitor go ahead with the mortgage i need to pay her out and transfer the house anyway and as you said put her money to one side?? Can we do this??
Expert:  Clare replied 1 year ago.
Hi
If she applies for a sale then she will be making it possible for you to purchase her share!
Clare
Customer: replied 1 year ago.
But.... Will it be for the price I buy my two sisters out for now or ... If she wants her money say in 5 yrs time and we've spent on the house will she be able to demand more money as the value of the house will have gone up
Expert:  Clare replied 1 year ago.
Hi
I am afraid that she will benefit from any work done - but you will be able to claim credit for the costs incurred.
Clare
Customer: replied 1 year ago.
Hi sorry to be a nuisance but am desperate. The saga is on going and have had a letter today stating that She wants to add her name as a trustee to the house!! Appt o trustee act 1996. After she upped her offer to £500 over mine to £185500 I upped my offer to £200000. Sshe has not said anything about this so has no intention to buy the house. She just wants control and to stop me buying the house. If she has her way she will not permit us to live init or sell it just to let it rot and fall down. She said this to me 4 yrs ago when my brother died. What can i do now???? Please help?
Customer: replied 1 year ago.
How can I get to buy her out of my parents home and has she a right for her name to be put on as a trustee?? I want to buy her and my sisters out so no point in her adding her name now???
Expert:  Clare replied 1 year ago.
You can apply to the court for an oRder for sale and for the court to set a price
Customer: replied 1 year ago.
Has she got the right to demand her name to be put on the house and will this give her more power?
Expert:  Clare replied 1 year ago.
She can ask - but that does not mean a Court will agree - especially given her history in this matter.It will not change how things standis there any reason why you cannot just move in?
Customer: replied 1 year ago.
I am living here since two years now and have paid all the expenses and new electrics as the old ones were dangerous. Can she win??
Customer: replied 1 year ago.
Is there any way i could hire you as my solicitor in this matter as you know the story already. Or isnt this allowed? I have faith in you. My present aolicitior here in North Wales has done nothing to help me at all, and I am in despair.
Has rhis awful woman who has bullied me for years the right to win? She will stop me buying this house and as I would need the money from this house to buy another, she would stop the sale to anyone else. No one has been i terested in it whilst it was on sale for 2 yes and she ahowed no interest until I want to buy it. I have paid for the searches etc and am ready and have upped my offer to £200,000. It is not worth more in this state. She only put an offer of £185500 in. Any help would be gratefuly accepted.
Expert:  Clare replied 1 year ago.
OkSo you have been living in the property quietly for two years and will continue to do so.You have improved the property.Is there any reason to do anything else at this stage?
Customer: replied 1 year ago.
As she has now changed tacktics afrer i offered £200000 and she has not accepted it nor upped her offer, can I go back to the original offer my sisters and I agreed on of £180000? We signed a paper on this sum. The solicitos said it is not set in stone until it has been passed from the sellers solicitor to the buyers solicitor but he is both selling the house for us and acting for me to buy it so how can it change hands?
Expert:  Clare replied 1 year ago.
Go ahead with the purchase if you can
Customer: replied 1 year ago.
I want to move on you see and secure a home for my partner and myself. It needs more improvements such as windows and garage roof etc but we cant improve it further until it is ours. We are both homeless if she demands we move out. My partner has a little girl who comes to stay with us too. We need and want to have our own home to live peacefully with no i terfearing from this woman. It is not our home if we cant buy it. And she can demand we leave at any time?
Customer: replied 1 year ago.
I am trying.,but my solicitor wint complete He is doing nothing except waiting for this woman to win. Whatever you advise I will do. Youre the only solicitor I beleive in and who gives me hope.
Customer: replied 1 year ago.
What are my rights? He hasnt even said we have any!
Expert:  Clare replied 1 year ago.
What makes you think she can force you to leave?
Customer: replied 1 year ago.
Because ahe was married to my brother and is entitled to the money of his share. I am offering her the money bit I cant make her take it can I? She is demanding we put her name on the house as a trustee now. Is there a reason she can??? And if we want to sell what is the point? How can i win this case??
Expert:  Clare replied 1 year ago.
She cannot force you to vacate the property unless she applies to the court for an order for sale.If she does that then you can purchase the property - claiming credit for any work you have done to enhance the value of the property.To do that you will need to ensure that you keep careful receipts and that you get the property valued before and after any work is completed.Obviously you cannot get a mortgage and I appreciate that this is a problem.However this would appear to be a game to her -so you need to enter into the game, hard though it is.You are currently living at the property and you and your sisters are the "majority" shareholders.If the windows and the garage roof need doing then you can agree that they are done - and bill your sister in law for her share.You will of course have to pay "occupation rent" for the share of the property you do not own - but that can be set against any costs incurred by you in keeping the property in good condition
Customer: replied 1 year ago.
She has put a caution on the land registry now to stop us from selling. Can she do this?
Expert:  Clare replied 1 year ago.
What does the caution say?
Customer: replied 1 year ago.
That she is putting a caution That we intend to sell without her knoweledge. This is not true! We have informed her solicitor nd that he will be receiving 25 per cent of the sale. An we get rid of the caution? We cannot sell while this is on.
She doesnt want me to be able to buy the house or for us to be able to sell either. She wants the house to fall into ruins.
I have given up hope of buying here now nd must look for another house, but again she is blocking me by not letting us sell. He is demanding that we put her name on the deeds!! If this hppems we will never be able to sell s she will block every offer forever. Can we get rid of the caution?? We are the trustees not her.
Customer: replied 1 year ago.
She says on the caution that she is the widow and now has inherited her husband share nd we intend to sell without her knowledge. We havnt stopped her getting her share..... But since she's done this , i feel like trying to stop her !!!
Expert:  Clare replied 1 year ago.
You can get rid of it - but I need to know exactly what the entry on the register says
Customer: replied 1 year ago.
I am the widow of Alan Williams who died 25th March 2010 ansd sole beneficiary o his estate.
At the date of hi death my late husband had a 25 % sharein the property known as Kroonstad, llanbedrog ll537pg( the property having been conveyed to himand his 3 sisters in equal shares by their father some 10 yrs ago. (1996 actually)
I inherited my late husbands share in the property on his dearh but the surviving joint owners have not added my name to the deeds
I beleive that my sisters in law intend to sell the property in due course( it has already been on the market and then taken off and I wish to register rhis caution against the property to ensure the property is not sold or disposed of without my knowlede. Ref CYM 671152
Customer: replied 1 year ago.
We told her we were selling to me and she could have her share. So this is a lie.
My fathers wishes were for only the children to inherit and i f one died rhe others had rhe share. Tha original solicitor who did the gift made a cock up. In one place it says tennants in law and in another says tenants in common. Wetook another solicitor to see Dad to say what his wishes were and he stated that his children only. The solicitor said that we had a greivance against the solicitor but could do no more( the solicitor who did my Dads work is also my sister in laws solicitor!)
We were willing to give the 25 percent to her but now after all the trouble she has guven us i dont know what we can do. I have lost the chance to buy my parents home because of her and my nigjts consist of watching the clock every hour. Any advice gratefully accepted.
Expert:  Clare replied 1 year ago.
What is the name of the form she has written on
Customer: replied 1 year ago.
Official caution of registry of title from the land registry
Expert:  Clare replied 1 year ago.
I am afraid that she will always be entitled to 25%.However you can answer this application be confirming that she has been notified of the potential sale so this should not restrict you.You are safe in the property - she cannot force you out

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