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Answered in 1 hour by:
5/29/2013
VerifiedThank you for your question.
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
I am sorry to hear of this difficult situation.
The mother has no right to sell the house. She is holding the title in trust for her daughter as this was the agreement.
For this reason I suggest that your friend immediately consult with a lawyer who can send the mother a letter setting out your friend's position, threatening a lawsuit and demanding that she transfer the title back to her daughter.
The lawyer can also take steps to freeze the title so the sale cannot take place.
Your friend can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. Your friend will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
604.687.3221 or 1.800.663.1919.
Let me know if you need any further clarification.
Before I begin I want to explain a bit about how the site works.
It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.
As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.
I am sorry to hear of this difficult situation.
The mother has no right to sell the house. She is holding the title in trust for her daughter as this was the agreement.
For this reason I suggest that your friend immediately consult with a lawyer who can send the mother a letter setting out your friend's position, threatening a lawsuit and demanding that she transfer the title back to her daughter.
The lawyer can also take steps to freeze the title so the sale cannot take place.
Your friend can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. Your friend will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
604.687.3221 or 1.800.663.1919.
Let me know if you need any further clarification.
I know there was no trust set up.
But the mother was holding the title in trust because of the reason why she had her name on title alone.
That is what the Court will see.
But the mother was holding the title in trust because of the reason why she had her name on title alone.
That is what the Court will see.
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