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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33817
Experience:  25 years exeperience
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I have a second charge on a property that my daughter lives

Customer Question

I have a second charge on a property that my daughter lives in with her husband and 4 children it is for £84,000. I find myself in a position of great financial hardship I am 61yrs old when I suggested to my daughter maybe she could sell and by something cheaper she told me I could sing for my money do I have any legal rights to recover even part of the money
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the agreement when you gave her the money
Clare
Customer: replied 1 year ago.
she bought into my home on the understanding that we would share the home she then made it intolerable for me to live there I was confined to one room my bedroom so I moved out and have been renting
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the first charge.
Was there any written agreement setting out what should happen if you needed your money back?
Clare
Customer: replied 1 year ago.
the house is probably worth in excess of £300,000. she had a mortgage of £110,000 there was no written agreement just verbal which she now denies
Expert:  Clare replied 1 year ago.
HI
How much did she pay your for the property and how much was it worth when she moved in?
Clare
Customer: replied 1 year ago.
she paid £110,000 it was worth about £225,000
Customer: replied 1 year ago.
I also gave her £6,000 towards it
Expert:  Clare replied 1 year ago.
Hi
Was your charge for a set amount - or for a percentage of the property?
Clare
Customer: replied 1 year ago.
it was for 50% 0f the property but I will be happy to regain my charge
Expert:  Clare replied 1 year ago.
Hi
May I ask how old your grandchildren are?
Clare
Customer: replied 1 year ago.
18. 8. 5 and 3
Expert:  Clare replied 1 year ago.
Hi
How much would an alternative cheaper property for your daughter and her family cost?
Clare
Customer: replied 1 year ago.
depends she could possibly buy a 3 bedroom for about £220,000
Expert:  Clare replied 1 year ago.
Hi
You can force the sale of the property using the Trusts of Land and Appointment of Trustees Act.
It is clear that the original agreement would have been that you should stay there for the rest of your life and since that can no longer happen then either your daughter must buy you out - or the property must be sold.
You can read more on these sites
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Please ask if you need further details
Clare
Customer: replied 1 year ago.
thank you for your help
Expert:  Clare replied 1 year ago.
HI
You are most welcome I hope all goes well
Clare

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