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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live with my Father, he signed over the property we live

Customer Question

I live with my Father, he signed over the property we live in to me, while he was getting a divorce, to get rid of an asset. He is now divorced and has had the paper work written up to sign the property back into his name. I know he is going to evict me after I sign the property back into his name and move his Partner in. What would happen if I do not sign the papers?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Is it in your name now? Is there any written agreement between you both please?
JACUSTOMER-ay9z7a47- :

yes it is in my name now. their is no written agreement between us.

Alex Watts :

Any mortgage or outstanding debt on the property? When did he transfer it?

JACUSTOMER-ay9z7a47- : No morgage or outstanding debt . Roughly about 2 and half years
Alex Watts :

Was it agreed you would give it back?

JACUSTOMER-ay9z7a47- : Yes, but only by words nothing in writing but sercumsances have changed. The only reason I signed for the property is because he said that we would be homeless if I didn't which was a lie. Also he didn't tell me I had to pay council tax and got me into debt but hiding letters from the council from me because he told me he would pay them when the divorce was settled so I had court summeries and debt collectors sending me letters.
Alex Watts :

Ok so he lied. On the basis that were induced by a false statement then no you do not have to sin it back. If you do not then the only way he could get the property back is by a Court order. He would have to go to Court and prove before a Judge that you agreed to hand it back. At this point you can say the basis of the agreement and this has now changed. The Judge would then make up their mind as to whether or not to allow the transfer to go ahead.

Alex Watts :

Can I clarify anything about this for you today please? Alex

JACUSTOMER-ay9z7a47- : Ok that's fair enough but what about if I put the property in someone else's name could he still go to court to get the property back? Also their is no written agreement between us for him to live here how can I evicted him?
Alex Watts : There is no written agreement so yes you could evict him. If you transferred it to someone else he could potentially get a court order getting it back. Alex
JACUSTOMER-ay9z7a47- : So if I evict him and he does take me to court would that aid him on getting the property back? Or should I get a estate agency to make a contract for him to rent but over prise it so he refuses to sign it then evict him?
JACUSTOMER-ay9z7a47- : How much notice do I need to give him when evicting him?
Alex Watts :

I would prefer to get a contract signed. If you want to evict and it is just him living there you need to give 2 months notice and a Court order.

Alex Watts :

If you live with him then you can give him 28 days notice and change the locks.

JACUSTOMER-ay9z7a47- : Ok so your advise is the only way he can get the property back is by court. I should get a contract written up if he wants to live at the property and if he refuses to sign then give him 28 days notice when evicting him?
Alex Watts :

If he lives with you then 28 days notice and no Court.

Alex Watts :

If he does NOT live with you and lives on his own then 2 months AND Court.

JACUSTOMER-ay9z7a47- : Yes I live with him, so if I evict him would that aid him if he took me to court to try and get the property back?
Alex Watts : No, but you can evict without a court order.