My mother wishes to defend the claim against her in the county court.
The money came from my brother but also circulated back to my brother after the property was "sold" to my mother.
My mother is arguing that he gave her the house as a gift in February 2013, there was never any suggestion that she would need to give him the property back. He has stated the reason for the "sale" was to hide his asset from HMRC. I have spoken to my brother's solicitor, and to be honest, I am not sure what the claim is for (money or property).
What do you think are the strengths and weaknesses of this case?
Apologies for the misunderstanding.
My mother left the property when they fell out and was supposed to move back in once their issues had bee resolved. However, since my mother left the property their relationship has deteriorated even further mainly because they would not let her back in. My mother has lived in that property for almost 20 years. At the moment, my brother, his wife and their 2 children are living in the property. They are legally classed as licencees (non rent payers). Thanks.
The property initially belonged to my mother. In 2008, she decided she wanted to give her 3 sons their early inheritance. She transferred the property on trust to her eldest son (the claimant) so the property could be divided into 3 equal shares. He gave us our shares and kept the house that my mother lived in.
I think the value of the property was £135,000 at the time so each son got £45,000.
Yes, the idea in 2008 was that she would live with my brother for the rest of her life as she wanted to stay in that property. The value of the house is about the same. This started off as a personal family dispute but became a legal dispute when they would not let her back in the property. She had been living in that same property for almost 20 years. She is currently reviewing her legal position to see how she can get back into the property.
I just have a few basic final questions:
1) My brother initially stated that the £73,000 was a loan, his solicitor has now stated that he will amend pleadings to include a property claim. Are they allowed to completely change the particulars of the claim 10 weeks after issuing the claim?
2) Can I argue my mother's case on the following two grounds:
a) Part of the agreement was that she would stay in the property for the rest of her life when she transferred it to him in May 2008.
b) The circumstances surrounding the gift and "sale" of February 2013.
She is currently in the process of mediation and my brother's solicitor is trying to intimidate her with threats and costs of litigation if she does not transfer the property immediately.