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Can someone make me sell my house?
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So to clarify an earlier comment ... Have you been paying her back. Or do you just pay for everything in the house bill wise?0
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The original documents? What were these exactly? You clearly have a copy of the Declaration of Trust and surely the mortgage company has copies of all legal documents?
See http://www.questbrook.co.uk/solename.htm - is your situation covered here?
going by what you said and this link a few days ago I think this is us thanks.0 -
As far as I can see, Mother does not own any part of the house? She is entitled only to one third of the proceeds of sale in recognition of the fact that originally she put up one third of the purchase price?
Nowhere in the Deed of Trust does it say that Mother can force a sale and all the restriction at the Land Registry does is to ensure that the house cannot be sold without her signing a document to the effect that the terms of the deed (ie that she receives her one third) have been complied with?
I am astonished that a local solicitor cannot advise?
Once again I would like to thank everyone for taking the time to read this and for your help. Have finally had a quote of £210 a hour + VAT and for a meeting, reading the trust deed and replying to the solicitors letter £600 + VAT. I will keep looking lol. He did tell me on the phone that if it went to court she would 99% win.
But by reading everything you have written and the link she cant even take it to court? Is there some hope for us?0 -
Where do you live that sols are so expensive? What you need to know about the trust deed is very simple. Also, you don't really need a sol to answer any letters on your behalf. Once you have understood the mother's sol's letter you could write it yourself.0
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I think £600 ti fully understand a position that may make you lose your home is cheap!Debt free 4th April 2007.
New house. Bigger mortgage. MFWB after I have my buffer cash in place.0 -
Yes, Emmz I agree but the OP and partner are not working and possibly don't have access to such a sum.0
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Hold on, what if...
Is it possible (or am I dreaming this) that if you are in bad enough unsecured debt then your creditors can take you to court and force the sale of your house?
If so, what if MIL is in that situation?
Maybe MIL has no way to force the sale of the house, but do her creditors?
I still say get your OH to talk to his mum. Find out what's happening. As someone earlier suggested, use a third party (an aunt, maybe) if needed.
Might it even be a (rather unplesant and unfunny) wind-up?0 -
The quote is outrageous. A solicitors letter should cost you between £25 and £100, depending on how much effort they put into it.Have finally had a quote of £210 a hour + VAT and for a meeting, reading the trust deed and replying to the solicitors letter £600 + VAT.
In the meantime, start stitching the MIL up. Invite her to suggest some other form of repayment. Ask why she is being unreasonable, why she suuddenly needs the money. Point out that you have been footing the bill, and so on.
You want her to be indiscreet and demonstrably unreasonable (always write letters on the assumption that a judge who knows nothing about the case will read them later on).
All correspondence in writing. No telephone calls."Never underestimate the mindless force of a government bureaucracyseeking to expand its power, dominion and budget"Jay Stanley, American Civil Liberties Union.0 -
Once again I would like to thank everyone for taking the time to read this and for your help. Have finally had a quote of £210 a hour + VAT and for a meeting, reading the trust deed and replying to the solicitors letter £600 + VAT. I will keep looking lol. He did tell me on the phone that if it went to court she would 99% win.
But by reading everything you have written and the link she cant even take it to court? Is there some hope for us?
Despite what others have written, I think the trust deed provides for a sale if mother wishes. This is backed up by the solicitor's off-the-cuff 99% remark. Sadly, people on this forum tend to tell people what they want to hear. As I said, why not go to CAB for free advice?
The other thing you can do is post the text of your trust deed on the uk.legal.moderated newsgroup. There are a number of qualified lawyers who subscribe to that newsgroup and may give you free advice.No reliance should be placed on the above! Absolutely none, do you hear?0 -
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