House deeds

[poppyseedsandlemon]

My friends husband had the deeds to his dads property.
His dad has dementia.

My friends sister in law asked to borrow the deeds then refused to give them back.
They were protected by the court of protection.
They admitted in court that they "borrowed" (stole the deeds
However the judge ruled in their favour and she was evicted.
What justice or route can she take now she has no money and nobody wanted to help Because of litigation.
Any advice would help

Could you try rephrasing this with more clarity? I haven't got a clue what you've posted.

My friend let's call her Emma
Lived with her husband in her husbands fathers home.

Her DH father gave the house deeds to them as a gift.

Her DH sister asked to borrow the deeds (for unknown reasons)
Because her DH is so trusting he allowed her (his ds) to Borrow them.

Emma didn't know about this until trouble started,

To cut a very long and boring story short it went to court about who the deeds belong too.

The sister admitted in court that she had borrowed the deeds.
This is all on the court transcript.
But because they are protected by the court of protection the judge sided with the sister.

So Emma has been forced out of her own home because the judge refused to listen.

Emma still wants to fight this but has yet to find a legal professional to help her

Legal advice needed. You'll mostly get well intentioned but not necessarily expert responses here.

FWIW, I would have thought while Emma's FIL is alive the house still belongs to him regardless of who is holding the deeds.

Do you mean he gave the house to them?

Can you transfer ownership just by handing over the document?

Did the father do anything else to document giving the house? Or specify it in his will?

Does Emma’s DH have Power if Attorney for his father?

Is this in the uk? You can't transfer ownership of property in the uk by simply handing over the deeds. You have to effect a formal conveyance or transfer. If as you state the court of protection were involved it sounds like the father had a lack of capacity so wasn't capable of making a decision to give away his property which it may not have been in his best interests to do. This is obviously supposition from the limited information you have supplied.

Apparently there was a gift of deed which somehow got lost and his father has dementia.
The sister said in court that she had borrowed the deeds but refused to give them back for some reason the judge failed to look at or acknowledge the other court transcripts

Has it been transferred legally or just handover of paperwork? What is friend afraid of?

I suspect you're not in the UK as your posts don't make much sense. It would help for you to understand that this is a UK based website, and laws differ all over the world.

You can't gift a property by simply handing over deeds. Paper deeds are not evidence of title anyway in the UK.

Perhaps you could start again by saying what country this is all in. If it's the UK, perhaps speak to someone who knows what is going on so they can explain it to you in a way that makes sense, then you could come back here and clear things up.

Tour post make no sense at all. Either you totally misunderstood what your friend told you or she herself got very confused.

It does sound like your friend and husband assumed his father had signed the house over to them. He hadn't. His sister got hold of the seeds which showed that the house was still in his father's name and age had no right to reside there.

Or something like that!

If the property had been transferred into the ownership of your friend's DH it would have been registered at the Land Registry www.gov.uk/search-property-information-land-registry

If in the UK.

You need to give a clearer account of what happened, what country this is in, what your friend's DH thinks should have happened.

Also, the father is still alive?

Does your friend's DH think that his Dad gave him the house, but actually that cannot be proved?

Why does the house not still belong to the Father, since he is still alive?

If he said he was giving it to them, but never did anything about it legally then he didn't give it to them!

You can't just hand over a copy of the deeds and say 'here you are, the house is yours'.