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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have lived in the family home and after being

Customer Question

I have lived in the family home for 60years and after being the only carer for my parents until they died the property was left between myself and my three sisters equally. I contested my parents wills as all my sisters had left and had their own homes and families and the court ruled that I could have £400,000 out of the estate of £850,000. The house was to go on the market and the contracts for the sale and a new property for myself must be simultaneous. If I was unable to find a property then when there was a buyer for my home then I was to go into rented accommodation paid for out of the estate. The buyer wanted the completion by today 31st March but will give me 28days to get out, this is impossible for me to do as there is a great deal to sort in the house. I am being threaten by my sisters and my solicitor that they will send the police and baliffs to throw me out the house, take possession of the house, take me off being an executor and make me pay legal costs. I have severe mental problems and my G.P. has written to tell them to take the pressure off me and I had to be taken to a safe home for a few days as the stress was too much and they were fears for my safety. Have I no rights this is just one buyer the house is a very saleable property in the best road in the town.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Court Order made?
Customer: replied 8 months ago.
Hi Clare, The court case was on the 11.11.2014. and was finally consented by the court on the 02.02.2015. The court order says " The sale of the house and the purchase of the first dwelling under the Property Fund should take place simultaneously. In the exceptional event that the said sale and purchase cannot reasonably take place simultaneously, then the Estate shall pay for any property or accommodation expenses [being rent and/or hotel bills and/or expenses and outgoings associated with the rental of property] incurred by the Claimant in respect of any accommodation she reasonably requires in between vacating the house and moving into the first dwelling."
Expert:  Clare replied 8 months ago.
So you have known for a year that you would be movingWhat needs to be done that will take more than 28 days?
Customer: replied 8 months ago.
That is not a helpful answer, I have nowhere to move to why should I be thrown out of my home when there is no possibility of clearing a large house in 28days. Yes it was a year ago but that is not the time that I have being looking for a property. Please pass my question to somebody else.
Expert:  Clare replied 8 months ago.
I have not yet given an answer as I am still gathering the information so that I can give a reasonable assessment of what a Court is likely to do or say.However if you wish I will opt out = please let me know
Expert:  Nicola-mod replied 8 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

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