Help With Cash Back

[Gord]

land registry all in my name,house cost 30k in 1990 i put 20k he payed mortage in my name, of 10k

[Anees]

Mrs Fargo - my sister says thanks for your kind words. She is pleased to be doing a 'proper' degree - unlike the freeby art students! She also wants me to leave her alone so that she can get on with her Family Law assignement!

(I hope your comment about being more Human afterwards is true -I'm looking forward to it! :P )

Gord - Is it okay if she shows this thread/posting to a Land Barrister who teaches at her university to see if she can help you? She specialises in land issues such as this.

She won't see her until Monday though.

She also says that alot of firms do free initial interviews, which is a good way of getting free legal advice from a proper expert. :)

Good Luck!

[Fargo]

I would need to know how the house was paid for and who by, when would be handy too.

If the house has been paid for in full by him, then he owns all the equity, if you can arrange matters so that the house is sold, the full purchase price goes to him (so does the bill from the tax man). This still leaves him with a personal debt owed to you of 20k, you would have to take a 'personal' action against him for that sum, which, timed well enough, he wont be in a position to refuse to pay you as he has the cash from the house sale.

If you own all the equity and the legal title, you need to start eviction proceedings very soon. The adverse possession problem or 'squatters rights' could come into play, i think you have 12 years grace before you lose you're right to evict, but there are circumstances where there is a 10 year limit and i think Anees' sister knows more than i do there. This may not be an issue at all as I don't think he fits the requirements of a squatter, but again Anees' sister will have that. Pursue the same action as above to recover the 20k, but the way he pays it will be one deemed reasonable by the courts in light of the circumstances, however it sounds like when you get the final payment is less relevant than the the fact that he has to pay you, so this may not be a problem. In this instance I would also suggest that you demanded a sum to reimburse you for rent.

If the equity is split then the proportions in which they are split is likely to be repeated for the settlement.

Now I should go verify this in the textbooks but the ones I want have been neatly packed away by Mr Fargo and I cant find them. Mr Fargo is currently in his garage doing unspeakable things to the boot of his lex and I cant go get him as the kids are in bed and the garage is 5 miles away.

However I think what I'm saying here is that by all means start proceedings to sell the house, but i can see that rattling on for years. If things have got so bad that you're resorting to lawyers, then sue him for the 20k and get legal advice on what action you need to take to secure your legal title over the property.

It may be worth keeping the house, if you're trying to get 20k out of someone then it might be handy for you and the courts to know exactly where he lives.

Now I've rattled on, as lawyers do....deep breath.....step away from the pc.....

:mat:

:shutit:

[Fargo]

Mrs Fargo - my sister says thanks for your kind words. She is pleased to be doing a 'proper' degree - unlike the freeby art students! She also wants me to leave her alone so that she can get on with her Family Law assignement!   

(I hope your comment about being more Human afterwards is true -I'm looking forward  to it!  :P )

 

Gord - Is it okay if she shows this thread/posting to a Land Barrister who teaches at her university to see if she can help you? She specialises in land issues such as this.

She won't see her until Monday though.

She also says that alot of firms do free initial interviews, which is a good way of getting free legal advice from a proper expert.  :)

Good Luck!

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oh no, now i'm really hooked, i'm going to have to buy a lex just so can follow the thread

Mrs Fargo

[Anees]

I thought a Audi was the solicitors car of choice?? :D

[Fargo]

I thought a Audi was the solicitors car of choice?? :D

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lol, the DB9 is this solictor's car of choice, which is perhaps why I still drive the car of my dad's choice(previous owner), the very sensible and anonymous Volvo (Is it swearing to mention other cars in here?)

Mrs Fargo

[Fargo]

land registry all in my name,house cost 30k in 1990 i put 20k he payed mortage in my name, of 10k

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Mr fargo here... Gord, so the 20k was payment towards the house.. and your brother paid the 10k via a mortage in your name.. (so im thinking that you have the major equity here)

i assume the 20k was paid as a lump sum to the previous owner etc. and again was made in your name..

Did you and your brother make a verbal or written agreement regarding the loan of 20k..

[Gord]

land registry all in my name,house cost 30k in 1990 i put 20k he payed mortage in my name, of 10k

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Mr fargo here... Gord, so the 20k was payment towards the house.. and your brother paid the 10k via a mortage in your name.. (so im thinking that you have the major equity here)

i assume the 20k was paid as a lump sum to the previous owner etc. and again was made in your name..

Did you and your brother make a verbal or written agreement regarding the loan of 20k..

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thanks mr + mrs fargo, yes 20k paid lump sum for house, yes he paid 10k via mortage in my name (but i did live there for 3yrs and pay some of the mortage) only verbal agreement was planing on staying there yrs but things changed(as they do)now with regards selling, what i was thinking of doing is, selling the house to my mate (both of us putting money up cash) brother still there, once sale gone through (my mate new owner) boot brother out (if he is out he is out)take my 20k from sale, give him rest of money, and then re-sell the house for me +mate to get the rest of money back that we put into the house to buy in the 1st place thanks gord

[maria]

House cost £30k say it's worth min £100k today = £70k profit are you really just going to give him the profit?

He has owed you £20k for a few years now what about interest? he is living rent free at your expense ARE YOU MAD!!!

Sorry Gord, but you are just to nice, I can understand where you are coming from but it seems to me that he is taking you for a ride, and maybe family does not mean as much to him as it does to you.

One thing that I thought about when originally reading this post was you were concerned with the tax because you already had a house, surely by letting someone else example your wife sell the house would she not be liable for inheritance tax? I know there are ways around this but it's worth looking to.

Good luck

If it's any help I know a solicitor who deals with house sales etc, I will ask him to have a quick look over this thread

Maria

[Gord]

House cost £30k say it's worth min £100k today = £70k profit are you really just going to give him the profit?

He has owed you £20k for a few years now what about interest? he is living rent free at your expense  ARE YOU MAD!!!

Sorry Gord, but you are just to nice,  I can understand where you are coming from but it seems to me that he is taking you for a ride, and maybe family does not  mean as much to him as it does to you.

One thing that I thought about when originally reading this post was you were concerned with the tax because you already had a house, surely by letting someone else example your wife sell the house would she not be liable for inheritance tax? I know there are ways around this but it's worth looking to.

Good luck

If it's any help I know a solicitor who deals with house sales etc, I will ask him to have a quick look over this thread

Maria

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thanks maria, but the wife has a house to and so do most of my mates :o one thing just came to light he owes my sister £3000 to :o