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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6260
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi we brought are house as a right to buy from the counicil

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hi we brought are house as a right to buy from the counicil through my husbands parent back in 2001 we garantor the morgage an pay 1200 per month the house is held in joint tenent in joint trust for both of use father died she took his name of the paper work but refuses to put her son my husbands name on the morgage stating she own the proprty we built s 2 bed granny annex for them to live in on the side in 2003 which they have never payed rent gas or electic council tax for would this stand in a court of law to say she own the property as things have turned frosty an my husbands younger brother is becoming abusive about his mother owing the property we have in 2009 built a down stairs bedroom an disabled shower room an converted the up stairs in to are side of the house an thourghts from you would be appricated
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Who was originally named on the Land Registry title when the property was bought from the council please?

Tom
Customer: replied 1 year ago.

hi thomas chris parents i think

Expert:  Thomas replied 1 year ago.
Thanks for your reply.

Sorry that I have to ask these clarifications but your original question does not contain any punctuation at all.

I assume you mean your parents-in law bought the property from the council.

Did you then purchase the property from your parents-in-law?

Tom
Customer: replied 1 year ago.

what happen we sold are house, then moved into this one, as chris father had no means to pay the morgage so we had papers draw up that the house was to be held in equile part for chris an my self as we said, there name at the time had to go on the morgage as that how the council would only sell as they where the tenents at the tome

Expert:  Thomas replied 1 year ago.
Right.

Your husband's father was the tenant. He bought the house under the right to buy scheme. The property is registered in his sole name. You and your husband part financed the purchase and stayed there afterwards, paying some of the mortgage.

Is this correct?
Customer: replied 1 year ago.

hi my husbands father couldnt finance the right to buy we soley financed it an have payed the morgage all the time an we have payed all extentions for granny annexe an lately down stairs rear disabled bed room the agreement was that we allowed them to live in the annex for as long as they lived or after 5 years they obtained a council bungalow which ever came first

Expert:  Thomas replied 1 year ago.
Right.

Did you instruct solicitor to preapre the agreement that you signed?

Was it called a "declaration of trust"?

Tom
Customer: replied 1 year ago.

yes but chris mother sign an his father would not as both parents were tenents named

Expert:  Thomas replied 1 year ago.
Right.

And what is happening now?

Have you instructed a solicitor to act on your behalf?

Tom
Customer: replied 1 year ago.

yes we have an hes wrote to hers but she wont instruct hers as we have said she know thinks that know chris dad has died that the property is all hers an refuses when chris speaks to her or chris elder brother she says that hes every busy to take her calls ? an what she says to XXXXX XXXXXer brother are two different things he very addiment that the property belongs to her even to the point that he tells me or shall we say swears at me that im not to park on the drive chris an his older brother have had the solisiter to the property to get things sorted an she just says when ready

Expert:  Thomas replied 1 year ago.
I assume you are referring to your mother-in-law when you say "she" in your most recent post.

Did you father own the property in his sole name or did he own it in the joint names of him and your mother-in-law?

Tom
Customer: replied 1 year ago.

yes they were in joint names the halifax have both there names myself as person to contact if anything was to be dissused an chris a garentue to pay the morgage every month chris parent were retired an had no capital only state pension

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I have to say that I have found it quite difficult to work out what going on here because of the lack of punctuation.

The short answer is that if you have instructed a solicitor to deal with this for you then you have to trust them.

If you have a declaration of trust then that is an actionable document if the terms of it are breached. Therefore you can sue on the strength of the declaration if you consider it is breached. If you are not getting any response from your mother in law despite your solicitors attempts to get her to instruct a solicitor then you need to ask what the solicitor suggests to do next.

If you have a binding declaration of trust which has been breached then the solicitor will probably say that you have litigate (ie. commence court action) against her. If she is not responding then you won’t getting any where without litigating.

Litigation is expensive and you would have to fund the costs of the court action because there is no legal aid for this type of work.

If she has managed to get herself on the legal title in her sole name because your father in law died then you need to really think about doing this promptly because she could in theory sell the property.

Really, the declaration of trust should have been registered against the legal title to the property so that you would be informed if and when there was a change in ownership of the property. You should see if you can do this now as an interim measure until you work out what you are going to do.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6260
Experience: BA (Hons), PgDip, Practising Solicitor
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