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i purchased a house some years back for my bother as he had

 
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  • Answered by:Thomas
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Customer Question

i purchased a house some years back for my bother as he had bad credit at the time he paid for everything and all i did was get mortgage in my names , we had a deed made up to state i had no interest in the property, but my names is on land registery and because of this the coucil have stoped my income support what should i do

 

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System of Law: England-and-Wales

Submitted: 282 days and 5 hours ago.
Category: UK Property Law
Value: £33
Status: CLOSED
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Expert:  Thomas replied 282 days and 5 hours ago.

Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Was the document you executed at the time prepared by a solicitor
2. Have you confirmed this to the council and, if so, what did they say
Kind regards.

Tom

Customer replied 282 days and 5 hours ago.

1 it was prepared by a solicitor which has now closed down


2 this only happen a day ago so just wanted to know what to do so have not told council yet

Accepted Answer

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Expert:  Thomas replied 282 days and 4 hours ago.

Hi

Thanks for your reply.

You need to get hold of the document that you signed. If the solicitor prepared the document then it will be a Declaration of Trust stating that although you are the legal owner your brother is the beneficial owner of the equity in the property. Hopefully it will also say that you do not have a right of access.

If the solicitor has closed down then they should have transferred the files to another local solicitor, so someone will have it. I would contact the Law Society initially and explain that you need to track down a document previously held by the solicitor and require them to check who they were transferred to:-

http://www.lawsociety.org.uk/home.law

They may refer you to the Solicitors.

Once you have established who the solicitors are you will be able to contact them to get a copy after you have proved your identity to them. You should examine the document to ensure that it puts in to effect what you think it does.

You should then re-contact the local authority giving them a copy of the document to show that you do not derive any appreciable or tangible benefit from the property and that your benefits should not be effected. Hopefully, this will be sufficient.

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Kind regards,


Tom

Expert TypeLawyer
Category: UK Property Law
Pos. Feedback: 98.1 %
Accepts: 1104
Answered: 7/3/2012

Experience: BA (Hons), PgDip, Practising Solicitor

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