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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My husband bought a one bedroom flat for £50k with his life

Customer Question

My husband bought a one bedroom flat for £50k with his life savings 3 years ago . However he got my son his stepson to sign documents as though he bought it . Now he has turned on us with hate and my husbands health has suffered as a consequence we need to transfer the deeds to my husbands name for the money to be used as our retirement fund but stepson is refusing to co operate and has threatened to sell it and keep the cash what can we do
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

There is not much you can do unless you have anything in writing confirming the agreement with the stepson.

Do you have any written agreement or written correspondence?

Expert:  propertylawyer replied 1 year ago.

What about the solicitor who acted on the purchase? Would the solicitor have any records of the arrangement?

Customer: replied 1 year ago.
The conveyancer has a record of the £50k transaction made by my husband only but we think we can only force step son to let us have the 50k
Expert:  propertylawyer replied 1 year ago.

The firm will have the file. They only get destroyed after 6 years. Ask the firm for it. They cannot refuse, it is your file.

You may not be able to force a sale but you may be able to put something on the title that if it is sold you get the money. It will depend on what you can establish from the file. If it ends up looking like a gift then there is little you can do. First step is to get that file and see what is stated within it.

If they solicitor failed to advise you properly that is negligence and you may have a claim against the firm.

Customer: replied 1 year ago.
We know that the only records are the cash transaction and we know we can put a charge against the property it is not a gift to him and nothing states that but the fact that we trusted him should really be a gentleman agreement I thought you might have known our legal provision on this my husband needs to retire due to health problems surely the law can protect him ?