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Rights re: sale on death?
Comments
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My grans wishes were not in a will - that is not a problem, am not contesting, just giving background info.
Likewise, I do not object to him leaving his half to his partner, although it goes against his mothers wishes (and he knows it). Not contesting this at all.
I own half - tenants in common. My other passed it to me, as she wanted me to be able to look after Heidi (my disabled daughter) as well as possible.
How can my mother and I own (half) a property for 20 years (currently) and never be able to see any benefit from it, yet my uncle has had the benefit of it for 20 years? Again, I am not worried about the past, but I am concerned about the future as his partner is closer to my age, which means I may never see any benefit from the property. How is that fair / lawful?
Anybody have any recommendations?
Unfortunately, I think that is very much the problem. Hindsight is a wonderful thing but the mistake was made when your Gran didn't make her wishes 'official' by making a proper Will.
I'm afraid to say that I can't see any way you can get around this problem and, as you say his GF is about the same age as you, it's likely that you may never be able to get the money from your half because if your Uncle leaves her his half in his Will, I can see the problem perpetuating if she leaves that to one of her relatives :eek:0 -
Cheeky_Monkey - that sucks. :-( Surely a court would not let that happen? Wouldn't it be classed as deprivation of capital?0
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I've just read something (been googling this morning) and may have an idea - would the following be feasible?
If I arranged for my Uncle to transfer his share to his partner, at the same time getting a declaration of trust written that ensures the partner will sell the property (her and my halves) upon my uncles death?
The bit I read was that a DOT can be an instrument of transfer.
Sorry to be the voice of doom again but I can't see that happening. He would be ill advised to do that because she could then kick him out as he wouldn't own any of it.
Out of interest, how long have they been together?0 -
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Would she be able to kick him out if I own half? Surely I could ensure he stays there? Couldn't it be written into the declaration too?
They have been together about 10 years.0 -
Sell her your half and get out of the problem. If you want to be a LL then use the money for another property.0
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Pete9501 - That was my original course of action, but she does not want to buy. Why would she, if she believes she could stay there without the need to buy it?0
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threaten to move in.0
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Would she be able to kick him out if I own half? Surely I could ensure he stays there? Couldn't it be written into the declaration too?
They have been together about 10 years.
Possibly not in theory but how would you enforce that?
As I said, him transferring it to her now would be DoC.
I've just thought of one glimmer of hope. If your Uncle needed to go into a Care Home in the near future, it's possible that the property would need to be sold to pay for his care. That's the only way I can see that you will ever see any money from it but someone more knowledgeable than me on the subject may have another idea.0 -
Cheeky_Monkey wrote: »I've just thought of one glimmer of hope. If your Uncle needed to go into a Care Home in the near future, it's possible that the property would need to be sold to pay for his care. That's the only way I can see that you will ever see any money from it but someone more knowledgeable than me on the subject may have another idea.
It wouldn't be included in the financial assessment if his partner continued living in the house.0
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