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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6911
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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A few years ago we were going to buy a new house that my

Customer Question

Hello
A few years ago we were going to buy a new house that my brother was building. The house couldnt get a new house certificate for being habitable until 20k of work was completed. We wanted the house and my partner gave my brother and his wife 20k to get it finished. This was going to be taken off the asking price when the sale went through. Unfortunately the sale of our house fell through and we couldn't buy this house. Being fair we all agreed that my partner would be be repaid when the house was eventually sold. The house was sold this year and due to my brother and sister in law separating the house was in her name only. My brother received nothing from the sale and we have asked my sister in law for the money. She is saying there is nothing left, she cannot pay and it is my brothers debt. How can we claim this from her. No there was no written agreement as this was between family. Many thanks Sonya
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Dear Sonya

Your partner has a financial interest in the house to the extent of the investment of the £20 k and the increase in value of the house consequently. The interest is called a beneficial interest and your partner can claim his interest. The issue of how it is paid is between the brother and his wife.

Best regards

Michael

Customer: replied 1 year ago.
Hello Michael
Thank you for your reply. How would we start proceedings against my sister in law as the house was solely in her name when it was sold?
Thank you
Expert:  Michael Holly replied 1 year ago.

You would follow the beneficial interest in the house to whoever received the proceeds of sale and sue them, if necessary.

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Michael. Do you take cases on or should we go and find a local solicitor?
Expert:  Michael Holly replied 1 year ago.

I would love to help you but I do not work in a private practice so my rules of employment do not permit me to.

A reasonable sized local solicitor's practice should be able to help. Make sure you get a rough estimate of costs.

Best regards

Michael

Customer: replied 1 year ago.
Thanks for your advice Michael.
Expert:  Michael Holly replied 1 year ago.

My pleasure

Michael