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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 846
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been living in house which my grandmother gifted

Resolved Question:

Hi I have been living in house which my grandmother gifted to my brother which after she died he didn't want so he was going to sign deeds over to me and my husband he signed first part but not second part and has since fell out with my mother and will not speek to me we have been living here 13 years and looked after property what Wright's do we have
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - is the house still in your brothers name?- have you 1) paid a deposit, 2) paid the mortgage? 3) added value to the house by renovation?- have you paid rent? Kind Regards Caroline
Customer: replied 1 year ago.
There is no mortgage on house condition was he paid my mum ,uncle and aunt £10.000 each which he has not done we were going to do this started paying and started paying then stopped when realised papers was not complete. Have cleaned up property and put central heating decorated and kept water tight we pay all bills council tax ext
Customer: replied 1 year ago.
Yes still in brothers name the paper work that goes to Edinburgh was no confirmed OK by him
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for confirming that for me. Although your brother is still the legal owner of the property - the fact that you have been paying the monies that he should have been and also added value to the property through works - means that you have a beneficial interest in the property. I would suggest that you refer your case to family mediation. There are lots of family mediation service and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation will tyr and help you and your brother agree how much interest in the property it is that you and your husband have. if your brother wont engage in mediation - then you can apply to your local county court so the court can decide and make a declaration as to your interest in the property. This is made a Claim Form Part 8. Court fee is £280.00. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** you for your response. I am sorry to say - that since proceedings have already commenced in England - then the English Courts have 'ceased' Jurisdiction of this case and therefore it would not be possible to apply in Scotland. I completely agree that this has gone on far too long and does need to be finalised. The longer this goes on - it will only be the solicitors that are the 'winners' in respect of their fees. Litigation is a risk - but this cannot go on indefinitely. It is worth considering mediation. Lawyers are not involved in mediation and therefore the cost is significantly lower. It is a prerequisite that mediation is attempted within the last 3 months before the case can be referred to court. This however doesn't apply if one party is residing out to the Jurisdiction - see part 3D of this Form: Your partner could therefore refer matters now to court in respect of the matrimonial finances if he feels that negotiation is simply not working. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Vicky I can do that :-) speak to you later Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I am so sorry My posts have been switching between the wrong screens!! I will try and remove the bits that are not relevant to you Sorry again!
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