regaining property back.

ILW

Have you asked her to sign the property back over to you?

DVardysShadow

5345jacq wrote: »

we wanted her to become independant from us and we thought at the time this would be a clear incentive to live a proper life. I thought a private arrangement would cover everything. Also we could have rented to her and she could have claimed housing benefit but she assured us that by doing this way she would do her upmost to find a job, which she did do for over 2 years but then things went wrong. Surely if she signed an agreement with us, it should stand up as a legal contract?

Well, yes it might stand up. But you come last in the queue behind anyone she takes out a secured loan with. Your problem is that she can take out secured finance and put others in front of you in the queue.

You should have taken legal advice - probably putting the property into a trust - and registering your interest in the property at the Land Reg in such a way as to deter lenders from taking it as security.

N79

5345jacq wrote: »

Surely if she signed an agreement with us, it should stand up as a legal contract?

Uhmmm - no there are protections for peoples homes. Even banks can sometimes not repossess if they failed to check that each owner received independent advice on the potential consequences of a mortgage agreement (originally this was to protect wives and children whose husband / father might mortgage the family home to prop up a failing business).

Your case is even worse. No independent advice, no trigger mechanism etc. Courts will not allow you to have such totally power over a property with which you have no legal connection and do not own. The letter is just not enforceable.

There were legal ways you could have done what you wanted but since you decided to do it "on the cheap" you are going to find out that you made an expensive mistake. The only thing you can do is engage a good property solicitor as soon as possible and see if they can extract you from your mess.

poppysarah

5345jacq wrote: »

we wanted her to become independant from us

Well she is. She's just not doing it the way you want.

5345jacq

House is already on market and secured loans on property are about £24,000. its on for £165,000. She has agreed to have solicitor pay money into her and daughters account and then for my granddaughter to withdraw it into her own account. Just worried incase she changes mind so im hoping that letter she signed will stand up in court.

Jowo_2

5345jacq wrote: »

Surely if she signed an agreement with us, it should stand up as a legal contract?

Not necessarily. Certain aspects of law supercede clauses in contracts.

For example, when a landlord rents their property, they can put anything like they in the Assured Shorthold Tenancy agreement which the tenant freely signs but if they do not correspond with the tenant's rights in housing law, they are not enforceable. So, for example, if the landlord demands that the tenant gives them 2 months notice to end the tenancy, this isn't enforceable and won't stand up in court. In the background, there are laws which can't be replaced or subverted by contracts.

DVardysShadow

5345jacq wrote: »

House is already on market and secured loans on property are about £24,000. its on for £165,000. She has agreed to have solicitor pay money into her and daughters account and then for my granddaughter to withdraw it into her own account. Just worried incase she changes mind so im hoping that letter she signed will stand up in court.

Don't you think that there is something a teeny bit dysfunctional about sorting something out within a family and having to be sure that the letter stands up in court?

I suppose it is a tiny matter in a way, but I think it is probably closer to the root of things than the bigger issue of the house.

5345jacq

First time i have used this forum and i would like to thank everyone for their very useful responses, it has helped alot and i am truly amazed there is such a site as this, so once again many thanks for taking the time to respond.

Jowo_2

5345jacq wrote: »

She has agreed to have solicitor pay money into her and daughters account and then for my granddaughter to withdraw it into her own account. Just worried incase she changes mind so im hoping that letter she signed will stand up in court.

Why not get this verbal agreement drawn up at a solicitors office who is expert in this type of field, who could at least advise if this second step is also similarly risky?

She has already reneged on previous promises. My experience of alcoholics in my family is that the illness makes them deceitful, full of promises and remorse, but they never follow through. Though it's not directly relevant to your query, there are organisations out there that help the families of those with alcohol problem which you may find very supportive.

5345jacq

thanks jowo, i have realised you are right regarding addicts and im know fully on my guard. Regards jacq.