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Buachaill
Buachaill, Barrister
Category: UK Property Law
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Experience:  Barrister 17 years experience
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10 years ago my mother transferred her house to me, she has

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10 years ago my mother transferred her house to me, she has lived in the house for 49 years. I live in the netherlands and owned my own business. Due to the crisis I have been declared bankrupt. The lawyer dealing with the bankruptcy wants to include the house in England as an asset. How does English law affect this, can they sell the house and evict my mother? She is 83 years old. Please could you advise me as I am getting nowhere here in Holland. My e-mail address [email protected] Regards, XXXXX XXXXX

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Wendy
Customer: replied 3 years ago.

Wendy,


 


I need an answer to this problem as soon as possible could you please let me know today. It is very important.

Customer: replied 3 years ago.
Relist: Other.
How can an advisor in the US give an answer on english law.
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Customer: replied 3 years ago.
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How can an american lawyer answer english law questions
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Customer: replied 3 years ago.

How long will this take the situation is desperate.

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1. This area of the law is now governed by an EU Regulation on Insolvency which provides that all assets of an individual in the EU are available to the bankruptcy trustee to take in satisfaction of any debts owing. Accordingly, under this Regulation the English courts would be obliged to act in aid of the Bankruptcy proceedings which have been started in the Netherlands. Accordingly, the English courts will not prevent the Dutch Bankruptcy official from seeking to include the English house in the Dutch bankruptcy proceedings. So this is not the best way to approach the issue.
2. The best way to approach the issue is for your mother to sue you for the return of the house, based on the principle of resulting trust, whereby, property given gratuitously (without payment) is taken to revert to the original owner. Although the presumption of advancement is taken to apply where a mother gives an asset to a daughter, this presumption can be rebutted by evidence that your mother only intended this to operate after she had died. In this manner, the house can be removed from the assets available to the bankruptcy by getting your mother to claim it back, thereby ensuring she has somewhere to live.
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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10169
Experience: Barrister 17 years experience
Buachaill and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

I have advised solicitors in england to look at this infomation but they
are not moving very fast and the lawyer in holland is chasing me. I am at
my wits end and dont know what to do. Your advice was good but no one seems
to know what to do.

1. Get a different solicitor in the UK to represent your mother's interests and get them to issue legal proceedings on the part of your mother. Essentially, no lawyer is going to help you as it will appear that you are doing something "dodgy". The impetus and the instructions to issue legal proceedings on the part of your mother has to come from your mother, not from you. So until this occurs, everyone will simply say they are busy!!!!
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