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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35564
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I own a part of the freehold in charge free property, the

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I own a part of the freehold in charge free property, the remaining proportion of ownership is with my parents. I have lived at the property for on or around 5 years with my spouse and 2 dependents. I would like to know my rights, for example can my parents force me to leave the property without my consent?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What was the agreement made when you purchased the property?

Customer: replied 1 year ago.
Hi ClareThe spirit of the agreement at least in principle was that this property was intended for me as an inheritance transfer. However my parents had spoken with their lawyer without me present and split the ownership three ways. I was allocated a 1% share as their lawyer advised it would be the best way to protect the asset in the event of any possible divorce.I hope this answers your query?RegardsRichard

Sorry - do you mean that there is a Declaration of Trust signed by all of you confirming that they hold 99% of the property?

Customer: replied 1 year ago.
Unfortunately I am not aware of what legal paperwork was involved as it was done in my absence. I only came to know about the 1% share due to their solicitor sending a letter to the residence by accident. This is contrary to what my parents have stated verbally of 33%.

When the house was purchased in all three names was there any agreement signed by all three of you about the shares?

Customer: replied 1 year ago.
I am certain that there is paperwork that was signed unfortunately I have been kept in the dark as to the actual specifics. I know from downloading land registry documents that my name does appears on the register. It is unlikely that my parents will show me the paperwork...

In part B do these words appear

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

Customer: replied 1 year ago.
Hi ClareYou are correct this is the wording that appears, word for word.

Excellent

Does it specify any shares at all?

Customer: replied 1 year ago.
Hi ClareThere is nothing within the land registry document that refers to ownership holding percentages. I would like to discuss this over the phone is it convenient?
Customer: replied 1 year ago.
I think you can take the view that the best case scenario it's 33% and that the worst case scenario it's 1%. I do not know if that makes a difference. I have read through the land registry document to see any clues but none exist. Does it make a difference other than say if the property is forced on the market for disposal?RegardsRichard

Are you aware that the site charges extra for a phone call.

Legally the shares can only be decided by agreement between all three of you - or by an Order from the Court

So as things stand on the face of it you own a third share of the property and if your parents wish to change this then they must either negotiate with you or apply to the Court.

You cannot be forced to leave the property - BUT your parents can force a sale of the property if they wish to do so

Please ask if you need further details

Customer: replied 1 year ago.
Thanks Clare that's really helpful. It is somewhat confusing that the solicitors letter stated 1% but in any case if they applied to the courts what factors would the courts look at and what would the courts typically decide. I am assuming that this situation is a fairly standard situation? For the avoidance of doubt I have not in any way financially contributed to the purchase - perhaps this will be a factor?

The Court will look at the intentions of the parties - and possibly the financial contributions

Customer: replied 1 year ago.
Hi ClareAre you free to discuss this matter this evening day after 8pm?RegardsRichard

yes I will be

Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ClareHope you're keeping well. I would ideally like to speak with you before 9pm, if that's not too inconvenient?RegardsRichard
Customer: replied 1 year ago.
Hi ClareI have decided to cancel the call request. I have been waiting since 8pm and expressed a preference to talk before 9pm, and without any response from you I feel as though it is unreasonable for me to wait around the whole evening . I have a young family to attend to. I agree to pay the initial fee but not for the call due to the circumstances.RegardsRichard

My apologies - I did try but was not able to get through - the problem could be site related.