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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35069
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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due to family problems by dad is leaving but i am disabled

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due to family problems by dad is leaving but i am disabled and he took money frm me when i was 17 for a house extension which we live in he says my sister will pay it but she never took it he did and is refusing to pay up i got evidnece but the only thing is the bank no longer holds the paper where he signed for the transfer i know which account card it went to but is there anwyay i can get hold of the info where it states it went to his name i got all his card details in my book papers where it went to where the transfer was made the bank says they no longer hold that info i got everything but not his name on the paper i do have additional paper which now he denies with his signature like a own copy paper which says he did take the money and it is his signature meaning i made him sign it at the time before giving the money between me and him that he would give it back if he left or chucked me out he says as he got the real copy of it i got nothing on him as i only got a cop of it but i just wondering my main concern is 11 thousand is a huge sum of money saved by my mum for me for education at the time with my disability benefits
my overal question is i got his details but is there anyway i can access the doucment where it states the money went to his name by using his card transfer details or not pleae help me thank you as he feels my sister who also owns half the house should give it but she never took it my dad did so legally he needs to return it as you don't give something to your duaghter then expect your son to give it on her behalf thats wrong
it may be a sad story but i given my dad so many chances he has hated me due to my disability and my mum for life why due to cousins and family issues which his mum brothers don't want to leave behind as today people marry who they like but my dad and his family feel this is not the correct way and hold grudges only because my mums brothers family didn't marry into our family but we didn't want this my sister is happily married where she wanted to we happy but only my dad and his brothers and his mum are not happy and thats why he decided to leave as he feels we should break off communication with them but he cannot tell us what to do if we all happy at the end of the day we all human we should not be forced into things and yet my dad is a teacher educated and knows this but is being stupid and all his life he been like this when it has come to being nice or wanting something he has been nice he in my religion in front of people gathering imam he disowned me in m religion if this happens it is like a divorce despite blood relations i still love him but he will never change he just hates us what kind of dad can do this well first time i seen this
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in.
for clarity I understand that your father took £11,000 of your savings and used it to build an extension to the house - is that correct?
If so who currently owns the house, how much is it worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.
The money was transfered hy me as i was in charge of the account as it was extension for us to live in house owend 50% by my dad a d 50 by my sister my dad aid his side of the morgage with his pension money this tear outstanding is for my sister of 56000 and the house is worth 650 thousand we in total three children mum n dad live in peterborough england uk hope this helps
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So the house is worth £650,000 and there is £56,000 outstanding on the mortgage
Is that correct?
Customer: replied 3 years ago.

yes that is correct my dad what he done is he left paying his side of the morgage but owns 50% of the house my sister still has her half of the morgage to pay. he has transferred all the bills to my sister apart from the tv phone broadband which i pay but we all contribute a little but not my dad he said he will not pay a penny not to my mum or for anything as he feels he paid his side of his share so the house half belongs legally in his name and 50% in my sisters yes it big house at least 5 bed room about 20 rooms with huge house with double garage and good front back garden as it in a walk area it is worth 650 thousand it was evaluated before my dad left

Ok that is clear.
Is your mother going to divorce your father?
Customer: replied 3 years ago.

no due to religious reasons and community she will not unless my dad does but he won't because he wanted to but said only if my signed her life away that she couldn't have anything if she did so she refused to sign it as my mum works part time as she old and cannot speak english very well as she like house wife so no my dad has not but i think he planning something as normally when he goes to his mums where he living now inanother town he normally does what they say so to be honest as i know no divorce yet but again i don't know about the future

How did your sister come to own half of the property?
Do she and your mother get on?
the money that your father took - was this money saved by your mother from the benefits that she got from the state for your care?
Customer: replied 3 years ago.

orginally we needed a house due to my dialysis and area being rough my sister applied for a morage and got it she is professional pharmacist as my dad didn't want to buy the house at the time so what happened was at the last stage when everything nearly was finalized he jumped in and said he will also help and be joint owner we said no it was a struggle why he did this due to his behaviour he knew if my the full owner of the house was my sister we could chuck him out this way by having his name 50% ownership we couldn't to be honest he never been a father so thats how my sister and dad own 50% of the house very long story to cut short so they both joint owners i live in the house and my mum as my sister lets us me my sister mother get on we so close we have our brother sister moments but not to the extent that it would result in me leaving or that nature we love each other so much we so close the money saved was half of my disability and half what my mum got as an allowance for the family which you got in those days which i think u still get if your under 18 and don't earn much so it was half of my disability care and half of my mums put safely for me she was saving it for me as she says even today my mum says that the money was saved for a rainy day for me when i needed it the most for care and support but i want to know is there any chance i can get it as my dad left he said my sister should pay it but she never took it and also he said he will never give a share of the house to me or my mum as he only does what his mum tells him its like he brain washed but he hates me due to i disabled he said it himself not the son he wanted and also cuz i the only one who not scared of him or of his behaviour or thraats and i stand up for my rights as he cannot touch me if he does he will end up in jail and he knows this as my hospital know about my dad but due to previous evidence not being existence anymore as too big to dig up when he use to hit me and stuff if he does now he knows what will happen but instead he left transfering all bills to my sister name so she has to pay all bills of the house as he only paid his share of the morgage only he did say he would pay my mum 200 a month for her expenses as my mum doesn't earn much and cannot work much but due to his mum he changed his mind so he won't my mum too scared to go to court due to humilation of the asian community

What money did your father actually put into the property?
How much does he warn?
Customer: replied 3 years ago.

my dad put in about 100 thousand so did my sister as they both professional workers and well saved up for it as we had an extension done so my dad put in 100 thousand so did my sister and i put in the 11 thousand and my mum and other sister put in 25 thousand in total which made the house and got everything including the interior stuff like furniture nd other stuff and then we had a good house and we had a bit left over in the budget as before we did everything we calculated the total cost to be honest my dad we asked him what he wanted he hasn't said so he said nothing but then when his mum spoke to him she told him different as first he was going to give his share to us in return for nothing and that he could come and go as he pleased which was fine with us but after his mum told him no keep your share for her and her sons as my dad has three brothers who unlike my dad are wasters meaning they do taxi jobs and don't have proper work as they wasted there education and one of his brothers is fireman but keeps himself to himself so two of my dad brothers live with there mum and don't earn much and well tough times his mum well end of the day mum is a mum you cannot say no as in my relgion u look and respect your elders but she doesn't want the money she wants it for her two sons who hate us anyway

in overall my dad didn't want anything just to get away for a fresh start as his mum said so to him and he was just fed up plus his mum wanted him close to her as thats my grandma she cannot stop being herself long story short what she has done to other wives of her two sons who got married destroyed there marrages due to she didn't want her sons to go from her she scared of being alone and she cannot leave her house as she feels it is her husbands last build in those days work was hard otherwise she could go anywhere or stay with us if she wanted to my mum don't mind that but no

yes so my dad wanted nothing because he said he had his pension and he was happy with that and that if could come and go as he pleased if needed then ok and that was fine but then his brothers mum told him different as they good persuaders trustme i know them very well as they blood family they can persuade anything with there tourment and how and how they what they say anyway then my dad mind changed so he paid his share and kept it for them not for us and decided that if my mum divorces him she cannot have anything from him and she needs to sign thats what his brother told him to do and to threaten my mum didn't do that as of repsect and due to asian community my dad well he didn't say anything because in front of us he is different and in front of his mum he is different hard to explain in writing but yes my dad didn't want anything but just took his belongings his books and what he bought but left things that were bought by my sister or both of them as most of the stuff that is in the house my sister paid more towards as where she use to work she use to get discounted price on it so he didn't take that stuff and he didn't want to we said he could if wanted to but he didn't but again he left some of his stuff stating he might come back well he can has half of the house is his because deep down he knows he cannot stay with his mum for long due to what happened before a long time ago his brother chucked him out due to his behaviour so i hope this makes sense

So you have all contributed money to the property, but your father things that he will not have to share his half with your mother.
However your mother is not willing to have a divorce - is that correct?
Customer: replied 3 years ago.

thats correct he feels he doesn't need to my mum if my dad divorces her then yes she will but religiously she will not file for divorce unless my dad gives it to her in which case she will but thats up to him but yes he feels he doesn't need to give anything at all

he is wrong and your mother has a clear claim on half of his share of the equity - probably a larger share.
Indeed if he died I would expect her to receive his share of the house in full if there is a court hearing because he has tried to leave it elsewhere.
In the event of a divorce her share is likely to be 60% of his share at least - possibly more like 70% since the money that she had saved from benefits was also used.
I hope that this is of assistance - please ask if you need further help
Clare and other Family Law Specialists are ready to help you