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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2587
Experience:  Bar Professional Training Course
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Wife in joint ownership of late mothers house for the last

Customer Question

Wife in joint ownership of late mothers house for the last 10 years, but now she wants to either leave or buy them out. Whilst the 2 brothers have agreed to sell (they wont buy her out), they don't want to go through solicitor and making her sign a DIY contract
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: We tried to go via a solicitor as a transfer of equity, but the brothers want a sale and purchase and only want to use their own DIY contract
JA: Have they talked to a lawyer about this?
Customer: No, they wont go to a solicitor
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We now ideally want them to buy Chris out of her 1/3rd or sell the houe and split
Submitted: 12 days ago.
Category: Law
Expert:  ReadyLaw replied 12 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 12 days ago.

Kindly give me a minute, I am currently reviewing the contents of your message and in the process of typing a written response.

Expert:  ReadyLaw replied 12 days ago.

Thanks for your patience and enquiry.

I do not agree neither do I recommend that she should go through this process without having a solicitor instructed to act on her behalf. There may be things being proposed that are not in her best interest. They cannot compel her not to use a Solicitor/Conveyancer. She is able to personally instruct someone to act on her behalf and to review any documents that are being given to her to sign.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
I think I managed to summarise the key points but just in case.
My wife and her 2 brothers inherited their late mothers house 10 years ago
Since then they have rented it out and basically disasters both times (first tenant didnt pay for months and wrecked house and second tenant left the house a wreck again)
My wife and I wanted to downsize our house and agreed with brothers that upon sale of our home, we would buy them out of their shares for the property as they refused to buy Chris's share.
They then overinflated the house value and produced a plagiarized contract but my wife tentatively agreed just to keep the peace.
However after some very nasty and bullying conversations between my wife and her brothers I had to step in.
We would like an idea of costs and time it might take to take her brothers to court to force them to either buy Chris's share or sell the house and split 3 ways?
Expert:  ReadyLaw replied 12 days ago.

I understand very well what has happened from your summary. unfortunately I am unable to review any documents. Reviewing of documents or assisting with drafting etc, is done at an additional premium cost. Be that as it may, I will be able to give some answers here:

1. As stated earlier I would not agree to the sale without having a solicitor represent to ensure her interest is properly protected. The brothers cannot compel her not to use a solicitor. The only issue here is that she would have to cover the cost of her solicitor.

2. I cannot give an estimate as to costs. Each Solicitor's costs vary and may be dependent on what has to be done. With respect to the sale. This is usually done at a fixed fee. However, if she has to take her brothers to court to get an order allowing her to sell on the open market, this may be costly and a solicitor would usually charge an additional cost for this. I would recommend that this is agreed between her and her brother's prior to approaching the solicitor so as to reduce costs. You may also want to consider having the property independently valued by three persons so that you may take the most agreeable valuation. having different valuations is not at all unusual and is the course the court would adopt if the matter went to court.

3. The time for this to be wrapped up in the court vary. At minimum it could take 6-9 months. It however depends on the arguments raised by the parties and the position taken by the parties. What if persons are unwilling to agree and insist on the matter going to a hearing? This may cause matters to escalate in terms of the time it takes to resolve as well as the costs for resolving things.