ChatterBank0 min ago
15 lost years
15 years ago I reluctantly moved into the house of my childhood to secure it against predatory relatives who were claiming half the estate. (Dad and Mum died intestate) That litigation took just over nine years to sort and as dad's representative I won by default - but with no day in court. It cost �10k (Legal Aid) with a charge against the property. By the time I won (on behalf of us three beneficiaries) my health had declined and I was unemployed with no funds to move.
Now my siblings who have spent around 25 hours at the property, in 15 years, are asking the court for an order of sale and I do not know what to do. When I moved there I did so to protect 'our' interests. Neither sibling could move in as they lived further away than I did, I was the only choice. No conditions were applied, or implied, to me moving in. There never was a question of rent.
A few years ago I started working and qualified for a small mortgage to pay off the Government and get a builder in to fix up the place and improve the value. I got the builder from hell who disappeared with some of my money, the work not finished and the place in a mess.
I want the sale as much as my siblings and I have always wanted to do right by them but someone has advised them to ask for something called 'occupational rent' for the 15 years I have been there.
I am just outside the range of Legal Aid and with the cost of paying back the mortgage plus the bills I can't afford a solicitor. Does anyone out there have an idea or six as to how I can defend myself so I do not loose my inheritance? Is there somewhere on the net that I can get advice on how to mount a defense? What are my rights having been there for so long? I am frustrated and would appreciate a few words of encouragement, shining a light in the right direction.
Now my siblings who have spent around 25 hours at the property, in 15 years, are asking the court for an order of sale and I do not know what to do. When I moved there I did so to protect 'our' interests. Neither sibling could move in as they lived further away than I did, I was the only choice. No conditions were applied, or implied, to me moving in. There never was a question of rent.
A few years ago I started working and qualified for a small mortgage to pay off the Government and get a builder in to fix up the place and improve the value. I got the builder from hell who disappeared with some of my money, the work not finished and the place in a mess.
I want the sale as much as my siblings and I have always wanted to do right by them but someone has advised them to ask for something called 'occupational rent' for the 15 years I have been there.
I am just outside the range of Legal Aid and with the cost of paying back the mortgage plus the bills I can't afford a solicitor. Does anyone out there have an idea or six as to how I can defend myself so I do not loose my inheritance? Is there somewhere on the net that I can get advice on how to mount a defense? What are my rights having been there for so long? I am frustrated and would appreciate a few words of encouragement, shining a light in the right direction.
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if you are to sell the house, which you say want to, then you will receive the full value minus the charge minus and beneficiary claims.
have a look on the net and read up about trustees and beneficiaries of property, it is a rather complicated area of law but will give you a better idea of what is possibilty going on.
Or even better go see the Citizens Advice Bureau
have a look on the net and read up about trustees and beneficiaries of property, it is a rather complicated area of law but will give you a better idea of what is possibilty going on.
Or even better go see the Citizens Advice Bureau
Did you pay all the legal aid yourself? If so, you might want to ask your siblings whether they will pay their share of that before they start thinking about charging you rent. Having said that, you have the benefit of the property for all these years, but it seemsodd they have only just asked for this now.
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