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
System of Law: England-and-Wales
HiThanks 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 solicitor2. Have you confirmed this to the council and, if so, what did they sayKind regards.Tom
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
HiThanks 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.lawThey 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. 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
BA (Hons), PgDip, Practising Solicitor
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).