How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10893
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My daughter lives in a house that was originally owned by her

Resolved Question:

My daughter lives in a house that was originally owned by her partner. He died a couple of months after my daughter separated from him. At the time, about four years ago, they had two children aged boy (12) and girl (9) and my daughter stayed in the house with the children and continued to pay the mortgage. As my daughter was separated from her partner at the time of his death the property passed on to the children. Since the children were too young to have a mortgage last year my daughter went through the courts and an amount was agree through the accountant of the court to be paid to the children if ever the house was sold. Although there was £83000 left on the deceased estate my daughter made claims against this amount. The flat she now owns (at the time of the purchase of the present house was jointed owned by my daughter and her partner) had only a few thousand left on the mortgage and this went up to £68000 as it was re-mortgaged to buy the existing property. Her claim also included the fact she had contributed to the house with loans, through her name, to get a new kitchen and bathroom (claiming a half share) and had been paying the full mortgage for the house for the previous three years. My daughter through the courts has for the past year had name registered as the house owner at the Register of Sasines. She provided all the documents to support her claims. My daughter has verbally now sold her house and verbally agreed to buy a new property but her ex partners mother, who still blames my daughter for her son's death, has been talking to my grandson and says she is going to put in and objection to the amount of money the courts said the children are due.
Can she stop my daughter from using the money to buy a new house or perhaps freeze it?
My grandson turned sixteen this year and my daughter was going to give him the money which the court says was due to him.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I don't think that the grandparents can interfere where a court has already made a decision. However, as am not quit understanding the whole scenario and the relationship between the two properties, what is now being sold and what properties your daughter currently owns.
Generally can you please explain the situation a little more so that I am clear as to the background.
Customer: replied 1 year ago.

As the flat was in both their names and it was to go to the survivor if anything should happen to any of them, the flat now belongs to my daughter. The house was in her partners name but my wife went through the courts to get her name on the property because the property passed on to her children. They were twelve and nine at the time and since her partner had not been paying the mortgage payment insurance the mortgage should have be passed on to them but obviously they were too young. The grandparent is now saying that my daughter was not entitled to claim the money back from the estate and said they were not consulted. But my daughter did everything correctly and went through the courts and they decided how much of the estate would be left to be divided between the children.

The grandparent says the original sum left from the estate should go to the children but the courts decided my daughter was entitled to her part of the estate.

Can the grandparent do anything to stop my daughter purchasing her new property?

Expert:  JGM replied 1 year ago.
Thank you very much for your detailed reply. I now see what has happened here. The children would otherwise have inherits the whole estate but the court made an order under section 29 of the Family Law (Scotland) Act 2006.
As the court has decided this issue the grandparents have no right, title or interest to pursue anything here. Even prior to that they had no interest in the children or the estate from a legal point of view so their comments are irrelevant.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10893
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.