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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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In 1995 my father gave a property to my brother and

Customer Question

In 1995 my father gave a property to my brother and I . It was registered in both our names with the land registry . There was no mortgage on the property and it is still mortgage free. Since approx. the late 1990's my brother has been renting it out and managing the property . Over the years he gave me part of the income earned on an ad hoc basis but he ceased doing so completely since about 2008 . Due to my marital problems in 2008 I transferred the title deeds into my brothers sole name and it is still registered in his name with the land registry although no monies were exchanged on the transfer and we had a verbal agreement that half of the property was still mine. He has refused to give me any of the rent and is now claiming that the property is his. Do I have any legal rights given that I the property is now registered in his name? Grateful for some advice.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Firstly, the legal relationship as between yourself and your brother is that he holds your half of the property on trust for you. This is because voluntary transfers, for no value, give rise to a resulting trust back to the person who transferred property or half of it for nothing. So you can sue your brother for a resulting trust back to you of the half share you gave to him for nothing.
Expert:  Buachaill replied 2 years ago.
2. Accordingly, I would advise you to get yourself a solicitor and get the solicitor to formally write a letter to your brother seeking re-registration of the property in joint names in default of which, you will issue legal proceedings to put things right. Should your brother not agree to this course of action, you should sue him.
Customer: replied 2 years ago.

Thank You

Expert:  Buachaill replied 2 years ago.
3. You are welcome. Please RATE the answer.