Am I wrong to think this way?

AdamPD

sammyjammy wrote: »

I think you need to find a new solicitor, this is nonsense!

Really? Damn, any idea what the real info is then?

I used one of those online expert services, the guy IS a solicitor.

This is what he said:

Your circumstances are unusual in the extreme and therefore what I’m going to do is apply the law as it exists to your circumstances. I can tell you now that the way the law is applied in circumstances like this is not particularly favourable for anyone who has contributed the lion’s share or the deposit to a property.

If 2 people (or more) own a property and there is………

No agreement to the contrary what will happen to it when it is sold, then the proceeds are split equally between the parties. It doesn’t matter what each puts in as deposit and it doesn’t matter what each puts in by way of mortgage payments or anything else, during the period of coownership and occupation, the proceeds are split 50-50 (or equally if there are more than two owners). There is case law on this, Kernott v Jones. I must say, I don’t agree with that decision, I think it’s grossly unfair and the sooner it is overturned the better but meanwhile, we are stuck with it, and I don’t make the law, I just regurgitate it.

What the case law also says is that if one party moves out of the property but the other one makes improvements to the property or payments to the capital of the mortgage, any contributions made after the couple split up will be treated separately.

So if we then apply that law to the facts here, it’s a case of doing the maths. The three of you are entitled to 1/3 each of the equity in the property at the time your brother moved out. I don’t know whether he is then going to claim his third but that’s the situation and that what he is entitled to. That would be the valuation at that time.

You and your father then put the property into joint names with your uncle and the same then applies, when you eventually sell or fallout or whatever, the proceeds are split 50-50. If he moved out and the “fair amount of money” has been spent on the property since he moved out, then the share would be adjusted to reflect that payment.

The fact that he may have put nothing into the property initially and then reneged on the mortgage payments (regardless of the reason) is not relevant. I’m afraid that when it comes to splitting the equity, the “partnership” is going to have to take that on the chin.

I’m sorry, I know that the majority of this is not the answer you wanted but nonetheless, does it answer the question? Can I answer any specific points arising from this?

Ames

You need proper, face to face, advice. He doesn't know all the details of your case and can't ask you questions. You can tell that because of him talking about your brother and not your uncle. He's also applying the law as it applies to couples who split up, which isn't necessarily right for your situation.

I think CAB is probably a good port of call, but it could be weeks before you can see anyone. That might be a good thing, because it gives you time to get all the information you need - in particular how much the lodgers are actually paying.

Contacting the organisation Red-Squirrel linked to would also be a good start. Either they or CAB should be able to help you find a suitable lawyer.

annandale

Oh I had an elderly relative who got the goverment's cold weather payments if the temperature dropped below zero for 7 days. She didn't give this payment to the billpayer, but instead squirreled it away in her own bank account, which I thought was cheeky. Why are the government giving out cold weather payments to people if it's not being used as intended?

Maybe they were up to date and if they had paid their fuel bill with it they'd have ended up in credit. Its pretty much swings and roundabouts to be honest,the fuel needs to be paid whether or not its coming from their own funds or from the cold weather payment.

Its 25 pounds for each 7 days the weather drops below a certain temperature, not exactly a fortune.

Red-Squirrel_2

Ames wrote: »

You need proper, face to face, advice. He doesn't know all the details of your case and can't ask you questions. You can tell that because of him talking about your brother and not your uncle. He's also applying the law as it applies to couples who split up, which isn't necessarily right for your situation.

I think CAB is probably a good port of call, but it could be weeks before you can see anyone. That might be a good thing, because it gives you time to get all the information you need - in particular how much the lodgers are actually paying.

Contacting the organisation Red-Squirrel linked to would also be a good start. Either they or CAB should be able to help you find a suitable lawyer.

I echo all this, you're in a vulnerable position at the moment, you need somebody who understands this to help guide you through it all.

As well as the group I linked to before (http://www.anncrafttrust.org/Do-you-need-help.php)

There is also some advice here on the Mencap website, in this situation you are the vulnerable adult: https://www.mencap.org.uk/advice-and-support/safeguarding/safeguarding-adults

gale_lomax

i am a landlord (b&b) who takes in lodgers some of the lodgers get cold weather payments even though i pay all the bills 200 hundred pounds each. I also think this is wrong. why should the government pay this money for people who are NOT responsible for thier own energy bills

thorsoak

gale_lomax wrote: »

i am a landlord (b&b) who takes in lodgers some of the lodgers get cold weather payments even though i pay all the bills 200 hundred pounds each. I also think this is wrong. why should the government pay this money for people who are NOT responsible for thier own energy bills

You, as a landlord, are no doubt, making a profit on the bills that you charge your tenants - if not you are not a business man. As long as your tenants are paying their bills, their income should be of no business of yours. If you supply merely bed and breakfast, your lodgers have to keep themselves warm and fed during the time that they are not in your property.

p00hsticks

The intention of the winter fuel allowance and cold weather payments are to ensure that the vulnerable can stay warm over the winter (and thus help to avoid clogging up the hospital system).

Although the most obvious way for this to be spent is to put it towards gas/electric bills, it could equally be used to buy an extra thick duvet, warm winter coat, etc

gale_lomax

i think you are misinterpreting what i am saying, I'm not saying that the money should come to me. I'm saying that as guest house patrons all the bills are already being paid by the housing benefit they receive, so surely the council should inform the authorities who pay this cold weather payment that they are already getting it in there rent

thorsoak

But you ARE getting your rent - Cold Weather Payments are paid when there’s very cold weather in the area where your lodgers live.

Cold weather is defined by the Met Office as being when the average temperature has been‚ or is expected to be‚ 0°C or below for 7 days in a row. The Met Office use specific weather stations that forecast and record temperatures.

As you only provide bed and breakfast, your lodgers have to keep themselves warm during the rest of the day, which means clothing and food. Do you really begrudge those whose lives are so limited warm food and clothes?

gale_lomax

all my guests are in fully central heated rooms, and are in most of the day watching tv. In fact once here don't want to leave as they become as one of the family.