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JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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I lived with my mother in her house and she died. She left

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I lived with my mother in her house and she died. She left the house jointly to my sister and myself as tenants in common. We had a Declaration of Trust drawn up which expired, allowing me to live in the property . Since the expiry of the Trust, my sister lived with me in the property for a while .She moved out on bad terms. She is now demanding her half share of the property and has threatened to evict me so the property could be sold. I want to live in the property because it is my home and am not in a position to buy her out so I am taking out a buy to let mortgage to be reviewed in two years time when hopefully my circumstances will change and I can get a rental mortgage.
There is more to the buy to let mortgage than I anticipated and I expect to complete in October 2015.
Now I am getting letters from her solicitors demanding to see my mortgage paperwork, and threatening to take me to court.
Firstly, could I be taken to court given the fact that I am progressing within a reasonable time frame and do I have to provide her solicitor with the paperwork?
If they take me to court and I complete in October 2015, will I be liable for costs?
Can they refer back to the Declaration of Trust which expired?
Thank you for your question.
You should get your solicitor to write confirming your position and stressing that you expect to complet by October. The simple fact is that even if they did raise court proceedings, having tegard to pre action protocols etc they would not get them started, let alone completed by October by which time you should be in a position to proceed.
Have your solicitors inject some common spend into the situation by writing to them confirming what you are doing. There is no legal requirement for you to produce mortgage paperwork but it may assist were your IFA to confirm that application has been made.
I hope that helps.
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