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my mother and father let my brother take over the mortgage

which was a small amount...
my mother and father let my brother take over the mortgage which was a small amount i wasnt asked whether i wanted too contribute have i have a right to the property when anything happens to my parents he is not living in the property and my father pays the bills i know a friend of mine who bought her parents with one of the brothers house the other brother didnt want too so he signed too say he was happy with this and had too sign that they didnt want too contribute i still see them and are on good terms but just dont feel it was done fairly i know i would nt do it too my children

thankyou
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Answered in 21 minutes by:
5/3/2010
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,630
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

 

Thanks for your quesiton.

 

Did you brother merely take over the mortgage payments, or did a remortgage/transfer of equity in to his sole name occur so that your parents are no longer named on the title register as owners of the property or on the mortgage?

 

Kind regards,

 

Tom

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Customer reply replied 7 years ago

He didnt take over the payments he got a loan to pay the balance which was approx 25000 on ahouse worth 250000 i dont know whos names is on the deeds

Hi,

 

Sorry, I've been away from my computer.

 

You say he got a loan to "pay the balance" - do you mean he paid off the remaining amount outstanding on the mortgage?

 

Regards,

 

Tom

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Customer reply replied 7 years ago
yes

Right.

 

In the first instance your parents are not obliged to include you in any arrangemens they agree with family/private individuals about their finances, including their house. They were not under any obligation to offer to include you in any re-financing agreement they arranged with your brother.

 

You should check the title deeds to the propety to see who is registered as the owners of the property, you can do so by downloading a copy of the register of the legal title to the property by paying a £4.00 to the Land Registry on the following website:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

The service is closed on bank holiday.

 

As to whether your brother has gained an interest in the land then obviously if they have transferred the house in to his name then he will be the new owner of it. If it is still in their names, then they could have granted him an interest by executing a declaration of trust which would state the extent of his interest in any proceeds of sale (when sold) in percentage terms.

 

If your parents are listed as joint owners and the following entry is not listed below their names on the register then their interests will pass automatically when one of them dies to the other joint owner:-

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If the entry is there then their interests will pass according to their wills or intestacy rules

 

Do you know if they have Wills? I will continue as to your brother's potential interest in the property once you have confirmed.

 

Kind regards,

 

 

Tom

 

 

 



Edited by Thomas on 5/3/2010 at 11:52 AM EST
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Customer reply replied 7 years ago
mother has died dont know if father has a will - will contact land registry to see title deeds could i contest the will

Right, when you mother died her share would pass automatically to your father if the above mentioned entry was not there. He would then own the property outright.

 

If you brother has paid off the mortgage then they may have executed a deed (declaration of trust) stating that he is entitled to a proportion of the proceeds of sale of the property. If there is no such deed or other document in place then there is obviously more doubt over whether he paid the mortgage off as a gift, or whether it was intended by all parties that he should receive a share in the proceeds of sale of the property.

 

If you brother and father agreed that he would receive a share of the property then that is probably binding, but your brother could potentially face enforceability problems if you father passed away and this was not expressed in writing anywhere.

 

If your father has a Will and you are not written in as a beneficiary then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.

The Court will consider what is a "reasonable financial provision" for you and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, responsibilities the deceased had to you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to.

 

Without knowing what your brother and father have agreed it's all speculation, you might consider asking them together just for the sake of clarity. If there is doubt when your father passes away then it could result in an acrimonious probate which is costly and stressul.

 

Try to approach discussions dispassionately and constructively if you do.

 

If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas
Thomas, Lawyer
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Customer reply replied 7 years ago

Hi Tom

 

Its very difficult too approach so if my dad has a will and the house has been left to my brother and my fathers nameis on the deeds are you saying i could contest the will

 

im trying to get my head around it sorry

It's no problem at all, absolutely fine.

 

Yes, you are one of the persons permitted to make a claim on his estate under the above Act. As stated above it's difficult to be specific about what you might receive but it's likely you will have a good prospect of a claim.

 

If your father dies I would immediately take out a "standing search" of the probate calender, which will notify you and send you a copy of the grant if one is take out within 6 months of the date of the search:-
https://www.hmcourts-service.gov.uk/cms/1211.htm

 

A grant of probate allows the executor of your father's estate to deal with his property (ie. his house) and you must make an applicaiton to Court within 6 months of the date of the grant.

 

Also go and see a probate solicitor at the same time and get him to write to the executor/your brother to work out what is in the Will and how you will resolve things.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

 

Thomas
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