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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Joint ownership, can one be forced off a deed by another that

Customer Question

Joint ownership, can one be forced off a deed by another that owns a property when gifted by that person?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Hi

Thanks for your question.

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

  • 1. Do you mean whether the person who has been gifted the share in the property by the other can realise the equity in property by forcing the sale
  • 2. Is there a mortgage on the property

Kind regards.

Tom

Customer: replied 5 years ago.
There is no intention to sell or move out of the property. I have kindly been gifted joint ownership by my Grandfather and have doubts whether I can be forced out of my house that I share with him?

There is no mortgage.
Expert:  Thomas replied 5 years ago.

Hi,

 

You live with your grandfather in a house that is mortgage free. He has gifted you a 50% interest in the property.


You wish to know whether you can be forced out of the property.

 

Correct? if not please clarify.


Tom

Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.
Yes can I be forced off out my house?
Customer: replied 5 years ago.
Relist: Inaccurate answer.
Customer: replied 5 years ago.
Hi There Thomas, will I be getting a reply from you?
Expert:  Thomas replied 5 years ago.

Hi,


Provided that your grandfather had the requisite mental capacity to understand the implications of his gift to you and there was no element or fraud or durress involved in the documentation which affected the transfer to you then the gift will be legal.


This means that you each have an equal right to live in the property which neither can deny the other unless there is a court order to the contrary pursuant to civil or cirminal proceedings. So no, he would not be able to evict you.

 

Kind regards,


Tom

Customer: replied 5 years ago.
Everything has been done legally and he is in a good state of mind.

If he changes his mind can he order a civil court proceeding to evict me? Can it be done?
Expert:  Thomas replied 5 years ago.

Not if the court accepts that he understood the implications at the time and there was no durress.

 

If he did it to avoid his creditors though then the creditors could take action to have the transaction set aside.


Tom

Customer: replied 5 years ago.

OK if I were to get married could he be evicted my my Grandfather?
Expert:  Thomas replied 5 years ago.

That's a trickier area but no, probably not.

 

Tom

Customer: replied 5 years ago.
OK thank you for your reply. I understand to have paid you £28.00 for your answers. I shall return to you some other time as I have been pleased with the response.
Expert:  Thomas replied 5 years ago.

No problem,


Tom

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