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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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When our mother died my father gifted a flat to my sister

Resolved Question:

When our mother died my father gifted a flat to my sister and myself. For over 2 years my sister pestered me to sell the flat or buy her out. The pestering got so bad that I was forced to get a very large mortgage to buy her out. I am over 60 and it cost me £8548.60 in fees. When the sale was completed I asked her to pay half my fees which she refused.
If I took her to the small claims court to get her to pay half of my fees do you think I would win!
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

I am afraid to say that from a legal point of view, you wouldn't get very far at all in taking your sister to the small claims court. This is because the fees you incurred were your own and nothing to do with your sister.

Upon agreeing the price of the transfer of the property to you, the price you agreed to pay should really have taken into account any costs you were to incur. As such, the only legal agreement you had with your sister is that she was to receive £x from you in return for her transferring the property to you, and any costs incurred by you in fulfilling this would have been your responsibility.

I am sorry this is not the answer you were looking for, but it set sout the legal position.

If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
As you state not the answer I was looking for. Please confirm that I have only paid £38 for my question and that I have not joined your monthly subscription (if I have can you cancel it for me)
Expert:  Aston Lawyer replied 1 year ago.

Hi,

You only pay (and I only get paid) once you have rated my answer.

Once you have done this, I will email customer services to make sure you are not on a monthly subscription.

I would therefore be grateful if you could rate my answer.

Kind Regards

Al

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