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My mum sold the house, but my dad stipulated that I be entitled to half the profit?

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Comments

  • pinkshoes
    pinkshoes Posts: 20,684 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you have your mother's address? I'd send a copy of the signed document, stating that as per the legally binding agreement, she owes you £X, and that you are giving her 14 days to respond, stating how she intends to pay you this money.

    If she doesn't reply, write again, giving her 7 more days to respond, otherwise you'll take her to court for the money, where she will then be responsible for all your legal fees too.

    Send the first one recorded delivery, and the second with proof of postage from 2 separate post offices.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Marisco
    Marisco Posts: 42,036 Forumite
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    pinkshoes wrote: »
    Do you have your mother's address? I'd send a copy of the signed document, stating that as per the legally binding agreement, she owes you £X, and that you are giving her 14 days to respond, stating how she intends to pay you this money.

    If she doesn't reply, write again, giving her 7 more days to respond, otherwise you'll take her to court for the money, where she will then be responsible for all your legal fees too.

    Send the first one recorded delivery, and the second with proof of postage from 2 separate post offices.

    And what happens if the mother calls her bluff and the documentation is not up to scratch as per Lazy Dasies' post? The best thing she can do is to take the paperwork to a solicitor and get proper legal advice.

    If she is as hard nosed as the op makes out, then a letter from the op is hardly going to make her quake in her boots! If I was the mother and I got a letter like that, the first thing I'd do is consult a solicitor and see if there was a case to answer. If there was I'd try and come to some arrangement, if not, it would be a case of "sling yer 'ook"! I think the op's first port of call is proper legal advice before doing anything.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    HappyMJ wrote: »
    The property was sold more than 6 years ago so the statute of limitations applies. You would not be able to take the matter to court now. Sorry....

    Not so. The statute of limitation of a deed (which the legal document drawn up by OP's parents is) is 12 years.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 25 November 2012 at 5:07PM
    Not so. The statute of limitation of a deed (which the legal document drawn up by OP's parents is) is 12 years.

    We don't know that the document that OP is referring to was signed and witnessed as a deed.

    OP just says:

    "This was written down in a document which both parties signed"

    Hence the advice to take it to a solicitor and get advice on whether the document is legally enforceable.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Ames
    Ames Posts: 18,459 Forumite
    Does your mum actually have the means to pay you your share? If not then taking legal action would just leave you with a big debt to show for it.
    Unless I say otherwise 'you' means the general you not you specifically.
  • sharnad
    sharnad Posts: 9,904 Forumite
    HappyMJ wrote: »
    The property was sold more than 6 years ago so the statute of limitations applies. You would not be able to take the matter to court now. Sorry....

    Limitation act appears to show that for his type of case it's 12 years. Op get a solicitor
    Needing to lose weight start date 26 December 2011 current loss 60 pound Down. Lots more to go to get into my size 6 jeans
  • Buellguy
    Buellguy Posts: 629 Forumite
    exactly what everyone else on here has said, solicitor, first thing tomorrow, a lot will give you the first half hour free
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