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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34510
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My mother passed away 8 years ago. Prior to this she had signed

Customer Question

My mother passed away 8 years ago. Prior to this she had signed over the home property,3bed house 2reception, to my two sisters but had always requested that the home stays in the family name. After some years of a dispute between my sisters the partner of one of them has gone to a solicitor and is forcing the sale of the house through a County Court Judgement. This has occurred even when the other sister had made a monetary offer to the sister whose partner has initiated this action. There appears to be a reluctance by one sister for the other to have the home out right. The offer was a fair one and compliant with market value.
My question is can the sale be prevented on the grounds that my mother wished the property to be retained in the family name and given the time that has elapsed can I and a third sister challenge this in anyway through the court.
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid as your mother had already signed over the property to your two sisters, her wish cannot be legally enforced that the property should be kept in the family unless the two sisters who were gifted the property agree to do so.

May I help further?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I will try and help you but I need some further information first.
What action has the partner actually taken?
Clare
Customer: replied 3 years ago.

Hi Claire thank you for your time! The partner of my sister has not done anything physically but her influence is very strong on my sister who had initially been happy to share ownership of the house. My reason for saying this is that the sister who has initiated this solicitors letter, advising that a Judge could force the sale of the house, verbally agreed to accept £30k for her share of the house from the younger sister and joint owner. This was witnessed on both occassions by two different people. I was one and the other was the husband of the sister making the offer. Does this verbal agreement made and accepted on two occassions have any legal standing.Thank you again.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

House is mortgage free. Property doesnt have its own sewage system septic tank in land owned by another family member. House valued in region of £60-65k. No septic tank may be an issue I thinkl!

Expert:  Clare replied 3 years ago.
Hi
Have you actually had formal valuations done?
What sum is the sibling asking for?
Clare