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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3652
Experience:  Two years conveyancing experience.
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Hi I own a house 50/50 with my brother. I have a charge on

Customer Question

Hi I own a house 50/50 with my brother.
I have a charge on that property for more than his share.
I have been awarded a court order that he must sell the house for a set amount.
The house was due to be sold and when he was sent the paperwork he stalled and messed aroung.
Now he is asking me for £5,000.00 for his signiture he states for his administration fees.
I have written to the court and they say very helpfully "They can not give legal advice"
This seems bizarre that a person can go against a court order and the court will not comment what I can do and saying going to a solicitor is silly as my brother is bankrupt and will never pay back what he owes me thus i am just chucking more money away.
He is also currently on a suspended sentence for £126,000.00 of criminal damage to one of my other properties and just seems he can do what ever he likes.
What can I do?
How do i get the court to enforce their order?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Is this an Order for Sale?

Kind regards

AJ
Customer: replied 2 years ago.

Yes

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

If your brother is bankrupt does he not have a trustee in bankruptcy?

Kind regards

AJ
Customer: replied 2 years ago.

Yes the Bankruptcy Office have given permission for the sale of the house and also that I am to receive all the funds

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Why can you not get the trustee in bankruptcy to sign the transfer of the property.

This forms part of your brother's estate in bankruptcy - therefore it is up to his trustee to deal with it.

Your brother should be playing no part in this.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hi,


Sorry should of said this my brother has just come out of Bankrptcy

Customer: replied 2 years ago.

He finished his 12 months in July

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.

So did he buy his share out of his estate in bankruptcy?

If the property formed part of his estate it does not vest back in his name.

Kind regards

AJ
Customer: replied 2 years ago.

Okay I will ring them now and see what they say? There is no answer at the moment but I have left details for a call back.


Can we leave the question open till i get those details.


thanks

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

No problem - I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hi,
Not sure if you can see the original question.
I have spoken to the Liquidator and yes it was handed in as his assets and yes his file has been now closed they can normally sign for him but seem reluctant to get involved as a order for sale has been obtained. I have been asked to write to them and was wondering if there is any things I should say to get them to sign?
Thanks

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

You may have to cover their reasonable expenses of obtaining such a signature. Doubtless they will want legal advice to sign something like this off.

I would just ask them to confirm whether they will agree to sign the transfer on behalf of your brother's estate. If they want to propose some condition of this, then let them propose it (i.e costs or an indemnity).

I look forward to hearing from you.

Kind regards

AJ

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