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Family and housing help needed

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Comments

  • xylophone
    xylophone Posts: 45,818 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It might be advisable to see a solicitor to find out what ( if anything) can be done to protect the investment you have made in the house.
  • BettiePage
    BettiePage Posts: 4,627 Forumite
    bryanb wrote: »
    Amazing how many new posters start a thread like this and then sit back to enjoy reading.

    Laney made 3 posts in 4 minutes then disappeared into the ether.
    I know her in real life and it was me who suggested she look here for help, so please play nicely. ;)
    Illegitimi non carborundum.
  • bryanb
    bryanb Posts: 5,034 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    BettiePage wrote: »
    I know her in real life and it was me who suggested she look here for help, so please play nicely. ;)

    No problem, I look forward to her return.
    This is an open forum, anyone can post and I just did !
  • Laney2
    Laney2 Posts: 28 Forumite
    how has he gifted the house to him, if he has gifted half of it, is your brothers and your name on deeds, or is it just still your dads name,

    Sorry for name change my login details weren't working :-/
    This was gifted some years previously! I am guessing in the 90s so it is well established and both my father and my brother are joint owners.
  • Laney2
    Laney2 Posts: 28 Forumite
    bryanb wrote: »
    Amazing how many new posters start a thread like this and then sit back to enjoy reading.

    Laney made 3 posts in 4 minutes then disappeared into the ether.

    Sorry for only ltd posts :-/ I couldn't log back in-even tried password re-set but no luck. I have now re-registered.
  • Laney2
    Laney2 Posts: 28 Forumite
    I take it your dad isn't dead, if he is leaving half the house to him when he dies, why is he paying rent

    make sure he hasn't signed it over to your brother and seek proper legal advice if he has

    if he is just giving your brother money, and house is still in his name, get half transfer over to you now,

    as if your dad dies, the hosue will be sold and split 50/50

    Legally 'gifted' back in the 90s I'm guessing. Both are now joint owners on the deeds.
  • Laney2
    Laney2 Posts: 28 Forumite
    bryanb wrote: »
    No problem, I look forward to her return.

    Thankyou :-) fingers crossed this account lets me log back in.
  • Laney2
    Laney2 Posts: 28 Forumite
    As advised, i fear you are in a perilous situation. The sharks are circling and the carrion are already picking the carcass of a poor man not yet dead.

    Check land reg.

    Move out

    My brother is the puppet master here-he pulls the strings. The house gifting was done some years before without me knowing. They share access to same solicitor. None of it had been talked about with me. Both let me financially invest before I found out my brother was legally joint owner. Even though he says it's 'just a piece of paper'
  • Laney2
    Laney2 Posts: 28 Forumite
    I take it your dad isn't dead, if he is leaving half the house to him when he dies, why is he paying rent

    make sure he hasn't signed it over to your brother and seek proper legal advice if he has

    if he is just giving your brother money, and house is still in his name, get half transfer over to you now,

    as if your dad dies, the hosue will be sold and split 50/50

    When I asked why he hadn't signed us both over 1/4 each, he said I was divorced!
  • Laney2
    Laney2 Posts: 28 Forumite
    BigAunty wrote: »
    Not sure there is any point in discussing the benefits of moving out, just that she can't stay there if her father (or brother who is the co-owner) won't indulge her.

    She's not a co-owner. If her brother is an owner (not clear if there has been an actual change to the deeds or just a future gift via a will), he can take up residence there whenever he likes.

    There doesn't seem to be a formal tenancy in place, at most, she seems to be a lodger (or excluded occupier) of her father and doesn't have any more rights than a visiting guest. Perhaps her brother refused to accept rent, knowing this would automatically create a tenancy and it would be harder to evict her?

    She has invested in the property so if it was a loan or if she was promised security of tenure, she must seek legal advice on this. She hasn't outlined if there were any formal contracts/agreements in place.

    My dad wanted me to 'buy my brothers half' At the time I did not feel this was fair! Why should my brother be given half a house for nothing, before it was needed (ie after death of person and at request by a will? It was only after I was running his house he let slip he was paying my brother 'rent of £200 for living in my brothers share' :-0
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