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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Morining my mum past away last year and my dad is still alive

Customer Question

morining my mum past away last year and my dad is still alive , my mum and dad gave my brother 52 % of there house he is on the deeds .on the pasting of both parent , he only as two % ,as from now and the other on the deaf of my father , my father now want to sell his house my father is with me and dont want to go back home , but we r not sure if he can stop my father selling his house my brother as told use he not selling the house does he have any say in it this is making my father ill , my father as been paying the bill on the empy house for the last year as i my told use we cant sell and he not a nice person to deal with , and think he is the law ,he think he own everything in the home and tell use if we take anything he will change the lockets and he payed for everything in there , my parent give him the 52% of the house for what he did and what he bought , he said he as all recipe for what he pay for but thought he bought them as a gift to my parents my father as told him he can have his 52% now not wait till he dye after the sale of the house or he can by the house if he wants it
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
For clarity - this is your Children Act applictaion - or the financial part of your divorce?
Customer: replied 1 year ago.
no you lost me
my father is 77
Customer: replied 1 year ago.
they own the house
Expert:  Clare replied 1 year ago.
My apologies - a site glitch has crossed the answersThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How much is the house worth and who currently lives there?
Customer: replied 1 year ago.
i am not sure about 350,000 and no my dad with me but still paying the bill on the house
Customer: replied 1 year ago.
so will you come back to me and tell me when my father stand
Expert:  Clare replied 1 year ago.
What bill is your father paying - and why is your brother not contributing?What did he do that led to your parents giving him the property?
Customer: replied 1 year ago.
they have not giving him the property they give him a % he got 2 % now and the other 50% on the deaf of my father , as my mum as gone , for work and things he bought them , my father is still paying poll tax water rate and stand charge on ele gas i have already told you this
Customer: replied 1 year ago.
my brother only own 2% of the house as from now he wont get the other 50 % till my father die
and as my father want to sell it now, he as told my brother he will get the other 50 % now not when he dye or he can buy my father out
Expert:  Clare replied 1 year ago.
RightDo you know why your brother wishes to stop the sale?
Customer: replied 1 year ago.
i think he thought he would get the house
can he stop my father in selling
Customer: replied 1 year ago.
we have not done anything yet as he telling my father he cant sell it as you can see my father is 77 and just lost his wife , i just need to know if he can stop him from selling his house
and where my father stand
Customer: replied 1 year ago.
this is making my father ill , i dont talk to my brother as there as been some bad blood since my mum past away and as i told you cant talk to him as he always right and he not a nice person , so you have to watch your back
Customer: replied 1 year ago.
as i said he name is ***** ***** parents deeds of the house but he only has 2% as from today and then 50% on the deaf of my dad , just need to know if my father can sell his house or does my brother have the right ,
Expert:  Clare replied 1 year ago.
I am sorry - this must be hard for you and your father.Your father can go to court to force the sale if need be - and claim the costs back from your brother.Obviously it is extra pressure that he could do without - but it will work.It may also be possible to reconsider whether your brother should receive the 50% now or later.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
so my father will need to go to court to sell he house , or can he just sell it as my brother names are ***** ***** deeds , and as this will cost a lots of money which my father does not have only in the house when he sell , . and as i said still paying the bill at his address , as my father own it he has to pay for the bills, so where does my brother stand on my dad house can he stop him selling
Customer: replied 1 year ago.
my brother will not play nice he will cause trouble , i have moved because of all this stuff , had to move to buy a house with a down stairs for my father, so he does not know where i live at this time but i am sure he will find use , he is a bully and not nice so i need to make sure my father is safe , and we can sort this house out so my father can relax and not worry about all this stuff he and my mum work all there life what for , to have all the stuff , all my father want to do is sell his house ,
Customer: replied 1 year ago.
so before i need to going to court i need to know if my father can sell his house without my brother say so ,
as i said i father said he can have the 52% that he and my mum gave him just want it all over
Expert:  Clare replied 1 year ago.
Your father cannot sell the property without the agreement of your brother or a Court Order.In fact going to court need not cost too much at all - and your father will be able to claim the costs back from your brother.It might be best to use a solicitor to stop the possibility of your brother being aggressive to your father - but it will work and he will be able to sell the house
Customer: replied 1 year ago.
so we will need to go to court to sell , as my brother on the deeds , all i can say the solicitor who was acting on my parent house , did my parent the favor , think he done my brother more , as we all know we dont know how we going to feel after we lost some one , the solicitor my parent had i did get in touch with them but they was a waste of time , they never came back to us , i think they was acting more on my brother after, as my parent are both was not young , so what is the best solicitor to deal with a case like this
Expert:  Clare replied 1 year ago.
which area are you in?
Customer: replied 1 year ago.
essex dagenham
Customer: replied 1 year ago.
McCorry Connolly Solicitors these are the ones my mum and dad went with but think i brother sorted it out in his favour
Customer: replied 1 year ago.
i am still waiting for your help as it look like you are done on this matter
Customer: replied 1 year ago.
its a lot of money for you time for just a short time
Customer: replied 1 year ago.
your time
Expert:  Clare replied 1 year ago.
I am sorry - we are all working solicitors which means that we cannot be online all the timeI am also trying to look at solicitors in your area to get a feel for any who might be abl eto help
Customer: replied 1 year ago.
i did not think you was done that fast as i have been waiting for you to come back to me
you have not told me anything to help in my case , i needed more about what i need to do and where i stand
i under stand that you work , but think 56 pound is a lot of money for what you have given me , nothing i did not know already
Customer: replied 1 year ago.
i thought this site would have help me , but look i have wasted my time , as i got what you told me for free , already
Customer: replied 1 year ago.
i thought you would have help me and tell me which road i need to take and what to do in this cases
Expert:  Clare replied 1 year ago.
Since your brother is a joint owner of the property - albeit only a small part of it your father cannot sell the house without either the agreement of your brother or an Order from the Court.There is no doubt that the court WILL Order a sale of the property if an application is made but given the fact that your brother is a bully then it will be better to instruct a solicitor to deal with the paperwork rather than to deal with it yourself.Possible solicitors in your area are herehttp://www.duncanlewis.co.uk/about.htmland hereMilner Elledge Solicitors and Mediation Service
Customer: replied 1 year ago.
do they deal in this field as i dont want to waste my time going there
Expert:  Clare replied 1 year ago.
If you would rather deal with the paperwork yourself then I am happy to give you the linksThe form you need is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdfalthough the first step is to write a formal letter on behalf of your father to your brother asking him to agree the sale within 14 days - otherwise Court Proceedings will be issued.Then you issue the form in your local county court
Expert:  Clare replied 1 year ago.
Both firms look as though they will be able to assist - although I know neither firm personally.I am sorry by the way - I did not know you were already aware that a court application was needed as otherwise I would have gone straight to the details.
Expert:  Clare replied 1 year ago.
DO you need more details for doing it yourself?
Customer: replied 1 year ago.
yes i done that just need to know what i need to do next
that ok
Expert:  Clare replied 1 year ago.
In any event you should ensure that you take the original document dealing with the promise of 50% with you to the meeting as frankly I am more than a little concerned about how it was dealt with
Customer: replied 1 year ago.
i am sending the letter this weekcan i get all replies to go back to the Solicitor as i dont want him to know where i move to as he will start
Expert:  Clare replied 1 year ago.
Do you need any more?
Customer: replied 1 year ago.
i have all paper work from my father which i have that how i know he on the deeds and the Solicitor detail
who did this for my parents
Expert:  Clare replied 1 year ago.
You have two options.If you want a solicitor to deal with it then they need to send the first letterAlternatively you can rent a po box or the equivalent
Expert:  Clare replied 1 year ago.
The 2% I understand - it is the 50% which worries me
Customer: replied 1 year ago.
i will get a Solicitor just wanted to know where my father stand as i would like to do this the easy way as possible for him
what are family like,
but in the worst out come if my father dye my brother would not get his house
what would happeren to the other 48 % can he sign it over to someone or is it better in his name
Customer: replied 1 year ago.
he own 2 % now and the 50 % on my father pasting he name are already on the deeds so in total he own 52 % , tell me i sure my parent didnt know what they was signing but it done now
Customer: replied 1 year ago.
but as from today he only own 2 % of his house
Expert:  Clare replied 1 year ago.
Your father must make a Will leaving his share of the property to whoever he wishesAnd it may well be that the original document can still be looked at
Customer: replied 1 year ago.
ok will sorted that out , so the paperwork from my father mum Solicitor could still be sorted and if they think it was done in the favour of my brother could it get turn
Expert:  Clare replied 1 year ago.
Without seeing it is is difficult to be certain - but it is certainly a possibility
Customer: replied 1 year ago.
he has told us all ele in my father home he pay for so my dad cant take his tv etc as he as proof of paying for them even that they are his and if we take anything he will change the keys can he change the keys to my dad home as he only own 2% at this time , if he does will i need to call the police in
Customer: replied 1 year ago.
i thought if i bought you something it your
so does he have the right to stop us taking them
Expert:  Clare replied 1 year ago.
he has no right to change the locks and no right to prevent your father removing items from the propertyClare
Customer: replied 1 year ago.
even if he say he paid for them and has proof
Expert:  Clare replied 1 year ago.
Has he?
Customer: replied 1 year ago.
i dont know but maybe but they r about 5 years old tv is about 5 years old but he think he is the law as i said not a nice person , he already hit my father back in june this is why i sold my house and moved
but he think he is always right and no one will take it as they don't want the trouble at there doors
all i trying to do is get what my father they work all there live and now after losing my mum my dad got to deal with this bits of scum
Customer: replied 1 year ago.
if he want to buy my father 48 % he can , but he does work like that he will take it to court so it cost my father as the 52% house did not cost him anything so got nothing to lose that how he works
Expert:  Clare replied 1 year ago.
That is not correct - he has much to lose and the house can be sold
Customer: replied 1 year ago.
but he keep saying we cant sell it as he got 52 % off the house and the deeds are also in his name
thank you as long as we can sell the house , my father need to try and get on with his life after losing his wife , and enjoy the rest of his life as this is making him ill, as long as the house can be sold that all my father want , as my brother is no longer apart of our life, and i know this is going to get mess as he not a nice person and like to bully old people and women ,
Expert:  Clare replied 1 year ago.
He obviously does not know that the court can force the issueI hope all goes well
Customer: replied 1 year ago.
thank you Clare for your help and time sorry my spelling and gram is not very good , let hope it all go well and my father can enjoy the rest of his life he got left in peace x
Customer: replied 1 year ago.
i will look at the two Solicitor you have gave me
Expert:  Clare replied 1 year ago.
Please do not worry - and I am sorry that I misunderstood at the start.I hope all goes well for you
Expert:  Clare replied 1 year ago.
Just to mention - the negative rating that you left simply means that I do not receive my share of the money that you have paid to the site - it does not trigger a refund.
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
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.
i didnt rate the first part of it i only did it this time and i put good , i sorry you dont get anything but as i said i thought you had done the chat and that was it as i said 56 pounds is a lot of money for the service that was gave , but once we had sorted the miss understanding it was fine
Expert:  Clare replied 1 year ago.
I totally agree - I am glad I was able to actually help a little

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