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JustAnswerKM, Solicitor
Category: Property Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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How do I set about bringing to court, a case, where a house

Customer Question

How do I set about bringing to court, a case, where a house I bought several years ago with my brother (now deceased), has been fraudulently acquired by his wife? I have a copy of the deeds and these show that the property had been second mortgaged and that the owners were my brother and his wife. My sister-in-law, according to the deeds, became owner with my brother, when I, supposedly, signed my portion of ownership over to her. This has never happened; I did not sign over anything to her. My signature was forged. I was not, in fact in the country, when it is alleged that I transferred my half of the property to her. When I returned after three years away, I was informed that the property was on the market.
Submitted: 2 years ago.
Category: Property Law
Expert:  JustAnswerKM replied 2 years ago.
Good evening Thank you for your message. I will do my best to help. Firstly I need to know, has 6 years passed since the date your sister-in-law acquired the property? Do not worry if it has, so long as 6 years has not lapsed since you discovered the fraud. The reason I say this is because if you were time barred, you would have to make a separate application to the Court. It doesn't appear to be the case here. When considering bringing a case such as this, the Court would suggest that you warn the other party (sister-in-law) that you are taking them to Court and give them a reasonable time to respond (minimum 14 days). This gives a chance for the party to explain their side of the story. Although there may not be a logical reason for their action (especially fraud) whatever her response it, you can use it as evidence. If they do not reply, just keep a copy of the letter so you can show the Court your attempt at resolving the matter with the party. This is commonly referred to as a 'letter before action' or 'letter of claim'. If you instruct Solicitors they can help you draft the letter. As there is no money value being claimed, you just simply want your sister-in-law's name removed and your name added, you make what is called a Part 8 claim. Visit your local Court and ask for a Part 8 claim form. You may wish to seek advice from a Solicitor if you're not familiar with the Court process and would rather be represented in the case. I hope that helps. Kind regards Krystel
Customer: replied 2 years ago.
Considerably more than six years have elapsed, so I would, it seems, have to make a separate application to the Court.
Could you please let me know how I set about doing this.Thank you.
Customer: replied 2 years ago.
Hello Krystel,
Are you still there?
Customer: replied 2 years ago.
I seem to have clicked on the wrong section. I am not requesting a new conversation, but still requesting answers for my original enquiry.
Expert:  JustAnswerKM replied 2 years ago.
Hello again Just to be sure, when did you discover the alleged fraud? I.e. when you discovered the change in ownership. Perhaps when you first saw the deeds with your sister-in-law's name. When was that? Thanks Krystel
Customer: replied 2 years ago.
I'm sorry. I only just saw yr response.
I got a copy of the deeds from the Land Registry recently- about two months ago and that was when I knew for sure that her name was on the deeds.
Customer: replied 2 years ago.
You see, my brother and I had had an informal arrangement, agreeing that whoever married first would live in the house with his wife. My sister-in-law contrived to have my name removed, claiming that I transferred my half of the property to her.
Expert:  JustAnswerKM replied 2 years ago.
Thank you for your response.If that's the case, then you are deemed to have known about the alleged fraud just 2 months ago.What may happen, is when you submit the claim against your sister-in-law, she may raise the defence that you are time barred under the limitation act. You would simply reply that you were only recently made aware of her fraud when you applied for a copy of the deeds (also known as the official copy of the register) from the Land Registry.From your last message you only agreed that whoever married first, that person and their partner could LIVE in the property. You did not agree to the partner owning any part of the property. I hope you reach a resolution without the need of litigation. Kind regards Krystel
Expert:  JustAnswerKM replied 2 years ago.
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