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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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in 1984 my father and I got a mortgage but my younger brother

Resolved Question:

in 1984 my father and I got a mortgage but my younger brother was put down on the deeds as well even though he never paid towards the mortgage. my father became unemployed shortly after the mortgage was taken out and for 19 years I covered the mortgage from start to finish.
Now my brother wants to take me to court for 1/3 of the property value as he wants his share. I am unemployed myself now and can not get a loan and can not claim unemplyment either as I am on a forces pension and now he is forcing me to sell up to square up. what are my options?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Was a trust document drawn up when your brother was added as registered proprietor?
  • 2. Has the mortgage been repaid in its entirety?
  • 3. Have you checked that he is named as registered proprietor at the land registry

Kind regards.

Tom

Customer: replied 3 years ago.

1. no trust document was drawn up.

2. I have paid the mortgage in full.

3. his name is XXXXX XXXXX charge certificate.

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

If there was no trust document drawn up then there is a presumption you each own an equal share in the property, so 1/3 to each. However this presumption can be rebutted and in view of the fact that you have paid the mortgage in full a court will certainly take that in to account if you brother has not paid anything towards the expense of the house or in financing the initial purchase of the property.


He is highly unlikely to be awarded anything near 1/3 at Court. If he wishes to sell and you do not then the only way he can is by applying to Court for an order for sale. Obviously you will be able to dispute this on the basis of your mortgage contributions and that it is your residence. A court will be very understanding and sympathetic in view of the fact that you have effectively financed the property for 19 years and he has done nothing.

 

You will have to litigate if this happens and it would be best to see a solicitor about acting on your own behalf, but basically you don't have to do anything until he instructs a solicitor and applies for an order for sale.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

My father left a will stating that my father' 1/3 was to be left to me as my younger brother was not entitled to anything but he is trying to push for 1/2 of the property also none of his children were left anything in the will either yet the monies if he is sucessful will be devided between the whole family, can he do this?

.

Expert:  Thomas replied 3 years ago.

Hi,

 

Is your father alive?

 

If not., when did he pass away?

 

Tom

Customer: replied 3 years ago.
My father died in 2004.
Expert:  Thomas replied 3 years ago.

Did anyone adminster his estate?

 

Do you know if your interests in the property were held as tenant-in-common or joint-tenants?

 

I will be periodically on/offline for a bit unfotunately, end of the day...

 

Tom

Customer: replied 3 years ago.
I am not sure what you mean, with the tenant bit. all I know is that when dad made his will he left his 1/3 of the property to me. I have however found out today that I need to get a probate and then re-register with the land registry to have my fathers name removed from the charge. one other question as well which the wife has bought up, is my brother entitled to enter my house without permision?
Expert:  Thomas replied 3 years ago.

If you brother is named on the registered title to the property then he has a right of access that you cannot deny him (and vice versa) unless there is a court order to the contrary pursuant to civil or criminal proceedings.

 

If you held your property as tenants-in-common (most likely) then your father's interest would have passed accoring to his will and therefore to youu.


If you held your interest as joint tenants then his interest would have passed equally to you and your brother regardless of his direction in his will that it should pass to you.

 

You need to see a solicitor to check the title of the property and then make the appropriate application to the land registry to update the register.

 

Please click accept.


I will continue to answer any follow up questions you may have.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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