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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have a letter from my mother saying that when she sells her

Resolved Question:

I have a letter from my mother saying that when she sells her house she would be splitting it 4 ways between herself, my two brothers and I as a help with deposits for our own homes...it also states that her husband will be taking his name off the land registry of our house. Since then it has gone on the market and he has put in a claim on the house. Can I do the same to protect my share?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare.
I shall do my best to help you but I need some further information first.
How long have your mother and her husband lived together?
How was the original purchase funded?
Clare
Customer: replied 2 years ago.
10 years. Original purchase was by my mother and my father (but when they divorced about 15 years ago, it ended up in my mother's name solely)
Expert:  Clare replied 2 years ago.
Hi
How long has your mother lived with her current husband?
Clare
Customer: replied 2 years ago.
10 years (as I said above)... but he left earlier this year (he no longer lives there and she has filed for divorce)
Expert:  Clare replied 2 years ago.
Hi
My apologies you had given that information.
I am afraid that the letter from your mother has no standing and cannot be enforced if she has changed her mind.
You do not at present have any legal interest in the property whatsoever
A 10 year relationship does not give her husband a 50% share of the assets - but it does entitle him to a share and that is a matter to be decided in the Family Court if your mother and her ex cannot reach an agreement
Please ask if you need further details
Clare
Customer: replied 2 years ago.
She has not changed her mind, she still wants to give my 2 brothers and I a quarter of its value but he is putting in a claim for a share, and we are worried sit will reduce the amount. As he has put a 'home rights' on the house can't we 3 children do the same? Being that 2 of us still live there (we are over 18 but we live there). Her ex (current) husband was never on the deeds.Thanks
Expert:  Clare replied 2 years ago.
Hi
No I am afraid his rights come by virtue of the marriage - not whether or not he lives there.
You and your siblings do not have any rights I am afraid
Clare
Customer: replied 2 years ago.
Even though she wants to give it to us, and it belongs to her not him....she is wanting to put the house in my name or in a trust for us in future as my youngest brighter is still at Uni. Sorry if I'm being confusing
Expert:  Clare replied 2 years ago.
Hi
I am sorry but nothing can now be done until the issue of the payment to her husband has been resolved
Clare
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