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Legal Help Needed: Transfer of Equity from the sale of my bothers house

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Comments

  • PIP is not means tested and the house was put in my brothers name to ensure my half brother and sister could not make him leave the property. It was officially my Mum's house.
    In response to some comments however, I am acting in my brothers best interests, and although legally the house is his... it was his to live in, not sell.
    My brothers wishes are that we all have a share, I however, will go with what is suggested by the mental health team.
    My brother is not wired to live in the mainstream community, his personality is severely fractured and he needs supervision. I have cared and lived with his issues for more than 20 years - my late mother and I have saved the system thousands of pounds, and eventually, last year, he got a psychiatric nurse who has helped place him back in hospital (it only took 10 years).
    Morally, i am not trying to fleece the system or my brother, the house was meant for the 3 siblings but my younger brother and I wanted my older brother to feel safe and secure - so signed the house to him - he didn't want it and it backfired.
    I have been up front and honest with the council, the mental health team, the social worker and the consultant - everyone!
    I can assure you that it isn't easy being accused every time I speak to someone of trying to feather my own nest, i can assure you i would rather have a happy healthy brother who could work, but i don't.

    I will continue to trying to sell the house and the outcome will be in the hands of the Gods.
    (As a point of interest- I am a single Mum now running 2 houses - with 1 income - my brothers PIP payments are suspended whilst he is in hospital)... I am hardly a master criminal.
  • martindow
    martindow Posts: 10,213 Forumite
    Name Dropper First Post First Anniversary
    Rebecca74 said:
    PIP is not means tested and the house was put in my brothers name to ensure my half brother and sister could not make him leave the property. It was officially my Mum's house.
    In response to some comments however, I am acting in my brothers best interests, and although legally the house is his... it was his to live in, not sell.
    My brothers wishes are that we all have a share, I however, will go with what is suggested by the mental health team.
    My brother is not wired to live in the mainstream community, his personality is severely fractured and he needs supervision. I have cared and lived with his issues for more than 20 years - my late mother and I have saved the system thousands of pounds, and eventually, last year, he got a psychiatric nurse who has helped place him back in hospital (it only took 10 years).
    Morally, i am not trying to fleece the system or my brother, the house was meant for the 3 siblings but my younger brother and I wanted my older brother to feel safe and secure - so signed the house to him - he didn't want it and it backfired.
    I have been up front and honest with the council, the mental health team, the social worker and the consultant - everyone!
    I can assure you that it isn't easy being accused every time I speak to someone of trying to feather my own nest, i can assure you i would rather have a happy healthy brother who could work, but i don't.

    I will continue to trying to sell the house and the outcome will be in the hands of the Gods.
    (As a point of interest- I am a single Mum now running 2 houses - with 1 income - my brothers PIP payments are suspended whilst he is in hospital)... I am hardly a master criminal.
    This does sound complicated and I will add to everyone saying that you need legal advice.  You really don't want to be 'in the hands of the Gods'!  It's a difficult situation  that you have ended up in. 
    It seems as if you are covering the running costs of your brother's house.  I don't see why this should be down to you and isn't he entitled to receive benefit payments to cover these?  Does your brother have a social worker or similar who you could speak to?  It may also be worth posting on the Benefits board regarding this




  • doodling
    doodling Posts: 998 Forumite
    First Anniversary First Post Name Dropper
    Hi,

    No-one is suggesting thst you are acting improperly.

    I am suggesting that you need to be very careful to ensure that you do everything correctly.  To do that you need your own legal advice.  Whilst it does no harm to listen to others, they will have their own interests at heart, not yours.

    What you have said in your most recent post makes things even more confused.  It looks like you gave your ill brother your share in the house but it is not clear whether that was a gift or a "loan", the same with your other brother.

    If you are eventually expecting your share back then that might be difficult depending on what was documented at the time.

    I will say it again: you need professional legal advice.  This has all the hallmarks of a slow motion car crash which will risk the health and finances of you and your brothers.  Yes, legal advice will be expensive, I think the alternative might be even more expensive.
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