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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Property Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I bought a house with some help from my brother my. name is

Customer Question

I bought a house with some help from my brother my. name is ***** ***** deeds and I have paid to update it and paid all the bills.My brother has just died does his daughter have any way of making me sell the house.
Submitted: 16 days ago.
Category: Property Law
Expert:  ukfamilysolicitor replied 16 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am very sorry to hear about your loss.

Please may I ask:

- did you own the house as tenants in common or joint tenants?

- was there a trust deed?

- do you have any minor children living with you?

- how much equity is in the property?

kind regards

Caroline

Customer: replied 16 days ago.
Bought as a holiday home I am the sole owner
Expert:  ukfamilysolicitor replied 16 days ago.

how did your brother help you out? what did he pay?

Customer: replied 15 days ago.
He paid 22,000 and then I paid all the rest and have kept it going for 19 years Pauline
Expert:  ukfamilysolicitor replied 15 days ago.

Hello Pauline

Thank you for your response.

Was this money intended as a gift/ loan/ investment - when was it intended to be repaid?

Was there anything in writing?

kind regards

Caroline

Customer: replied 15 days ago.
Hi it will be repaid but not until I sell the house.. Is it up to me when I do that?
Expert:  ukfamilysolicitor replied 15 days ago.

Hello Pauline

Thank you for your response.

Please accept my apologies for my delay in responding to you.

If your niece is the beneficiary of your daughters estate then the beneificial interest in respect of the holiday home will now be hers.

Your niece you make an application to your local county court for a declaration of interest in respect of the property ( to confirm what her interest in the property is) and also for an order for sale. These types of applications are dealt with in respect of the law relation to the Trust of Land Act.

Given that this is a holiday home and not your main home then I am sorry to say that a Judge may well order that the property can be sold so that he interest can be realised if agreement cannot be reached between you.

I would suggest that you open a line of commuication with your niece as to when he interest will be repaid - perhaps in installments or give her an indication as to when you are considering selling the property. Your niece might be quite happy to wait.

Mediation is also a good way of reaching resolution between you without the need to have matters in court. There are lots of mediation services and there will be one local to you. If you google family mediation in your area and give them a call to get the ball rolling.

Do let me know if I can assist further

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 14 days ago.
I don't understand how my daughter is part of the equation (first paragraph) please explain
Expert:  ukfamilysolicitor replied 14 days ago.

Im sorry - she isn't.

In relation to paragraph 3 of my last response - please exchange the word daughter for brother.

If I can assist you further then please do not hesitate to ask.

kind regards

Caroline

Positive feedback is gratefully received.

Customer: replied 14 days ago.
Hi I think that the mistakes are very poor misspelt words, lack of punctuation and generally detail errors Pauline
Expert:  ukfamilysolicitor replied 14 days ago.

apologies Pauline - I try to respond as quickly as possible. The information I have provided to you is accurate and correct.

Customer: replied 11 days ago.
Hi The information was not totally correct as the above errors show , which I pointed out to you. It just seems like it was pasted from another's and not carefully checked which it should have been
Expert:  ukfamilysolicitor replied 11 days ago.

I do apologise that you are upset. I can confirm that your answer was unique and not pasted at all.

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