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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I part owned a house with my father and my brother is administrator

Customer Question

Hi I part owned a house with my father and my brother is administrator of his estate (no will). He is querying my 50pct ownership of the house as he thinks all of my fathers children should split the house equally. Can the administrator force the house to be sold?
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
It's ok I don't need a phone call however I understood someone was waiting to respond to me immediately.?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - did you own the property with your father as joint tenants or tenants in common?- how did your part ownership come about?- when was the transaction? Kind Regards Caroline
Customer: replied 2 years ago.
We bought the house as joint tenants in 1985 with mum. Mum died and dad and I became owners. Then dad died. Dad was ill for some time and whilst Ill the solicitor who was appointed to look after his legal affairs severed our joint tennancy (after pressure from my siblings). Since dad died brother has very sneakily made himself administrator via probate and engaged a solicitor to prove that we have same ownership rights. I engage a solicitor prior to this and he advised that I owned 50 pct of the house dads estate owned other 50. Then brother produced a letter I signed some years earlier that his solicitor is claiming means I have no ownership rights only same as all siblings. This letter came about before dad became ill when he was buying a bungalow and for expediency dad and I said I had no financial interest in the house so that he could buy a more managable property outright. The house sale never materialised but brother has the letter. FYI brother and I submitted a joint request to probate office last year to become joint admin however he changed details on form without my knowledge. I.e that the house was 100 pct owned by my dad. I engaged a solicitor who contacted probate office cancelled my application however they advised him that a new admin request in my name alone could not be submitted. Imagine my shock to learn that brother has obviously submitted and been made administrator. Please could you advise if brother can force house sale? Also what are the chances of me successfully claiming my full entitlement with the letter that I wrote in existence? Whilst I am paying the mortgage now it is very difficult to prove previous payments. Thanks.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Thank you for your response. I am sorry but this is outside of my area of expertise so I will opt out so one of my colleagues can assist you. Kind Regards Caroline