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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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My mother and father sold their house in 1988 for £31.5k and

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My mother and father sold their house in 1988 for £31.5k and bought a house in my brothers name for in total £66,500. My brother had the mortgage in his name for £40k but never paid anything towards it till 5 years before the end of the mortgage. My father died and my mother is still living however recently went in to a nursing home. My mother and father lived in the property and the brother that's name the house was in did not. When my mother moved out he moved in and tool possession and told is and my mother to not contact him everything is his. Has my mother a case against him to pursue? She has documents of the sale etc and wants to if she can take him to court. She also has all payments she made to the house. Is there anything legal she can do, like take him to court? Thanks in advance.

1. Dear *****, your mother can certainly take your brother to court and get the house put back in her name. Essentially, in law, there is what is known as a resulting trust of the house back in her favour as it was herself and your father who paid the money for the house. Your brother has simply a bare legal title to the house. he is not the true owner. So your mother can seek rectification of the folio in the Land Registry and have the house put back in her name. In law a person, such as your brother is not the true legal owner when he doesn't pay for the house. So, the true legal owner - your mother - can get the house put in her name should she so wish.

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Customer: replied 1 year ago.
What do I need to do this? He has the title deeds I only have proof my mother stayed in the house, paid the deposit in 1988 and paid the mortgage payments. Will I not need to take him to court?

3. You need to get a Power of Attorney from your mother to start legal proceedings on her behalf. IN the actual case, evidence that your mother paid the deposit and the mortgage payments will be sufficient to win the legal case. However, the legal proceedings have to be in the name of your mother, or if she dies, in the name of her estate. So, for this reason, you need ot get a Power of Attorney to start legal proceedings on her behalf.

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