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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Sold a house 10 years ago to a family member at below market

Customer Question

Sold a house 10 years ago to a family member at below market value, this was because I was keeping the garage at the bottom of the garden that holds 8 cars, I have used the garage form 1990 when i bought the house, the family member who bought house said that the land was split off and the garage was mine, I have just found out this garage is not in my name and that the family member signed my name to transfer my home and garage into there name,and I have had a letter from there solicitors saying I have to move out of the garage within 21 days, what can I do about them signing my name to gain my garage, if nothing can be done how do I stand on stopping in garage
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Have you reported this to the police please?
JACUSTOMER-ps901bog- : Not reported to police, should it be?
JACUSTOMER-ps901bog- : Just reported to police and they have said Speak to a solicitor
JACUSTOMER-ps901bog- : Police said not a criminal matter, need to Speak to a conveyance / property solicitor
JACUSTOMER-ps901bog- : What can be done next, how can I get my garage back
Alex Watts : Do you know who signed it?
Alex Watts : As it is so late it may be tomorrow when I pick this up
Customer : Yes the family member that bought the house
Customer : It was signed by them faking my signature
Customer : I asked that family member how they bought the house without my signature and openly told me she had done it, as at that time there wasn't a problem about the garage, we have fallen out and now she wants to sell house and its worth £30,000 + with garage
Alex Watts :

The Police are wrong, if someone has forged your signature this is not a civil matter as this is fraud by false representation which is a criminal offence and they can be prosecuted for after the Police investigate. So you should go to your local Police station and make a formal statement and complaint.

Alex Watts :

If this is not a commercial unit then the other side will need a Court order to remove you from possession. Therefore you should write back to the Solicitor highlight the issues you have raised here.

Alex Watts :

In the event that proceedings are issued, you can raise a counter claim and seek a Court order that the property be transferred back to you.

Alex Watts :

You would need, if it goes to Court a handwriting expert to confirm whether the signature on the documents is likely to be yours or not.

Alex Watts :

If the expert sides with you then I would imagine that would convince a Judge to make the Order that the property is transferred to you.

Alex Watts :

But the Police is your first step as this will deal with any investigation and prosecution on your behalf.

Alex Watts :

Sorry for the overnight delay but I hope this answers your question quite fully.

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex