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Tr1 property transfer says it is a gift

13 replies

Jehovah18 · 13/12/2018 10:52

Long story short I'm 24 and my aunt transferred her property to me and said I could pay her back A certain amount of money in my own time. No documents were ever drawn up or contract signed because she wouldn't put anything in writing or see a solicitor even though I offered to pay for it.

When I got the money together she wouldn't accept if because I said I wanted it done through a solicitor.

Next thing I know she sent me a solicitor letter asking for 5 times as much money. After nearly having a nervous breakdown and then spending 4k on a solicitor we are no further forward. I got the tr1 form from Land registry myself and it says it was transferred for no money or anything that has a monetary value. Can anyone give me some advice. With no contract, no evidence and this signed document saying she wants nothing can she really try to take me to court??? 'm totally stressed. I can't afford any more fees. Help 😢

OP posts:
APlanerideawayyy1 · 13/12/2018 11:24

Suggest you need to see a solicitor. Surely, she could not have gifted a house with no legal paper work ?

cloudtree · 13/12/2018 11:28

How can you have spent £4k on a solicitor and not have received advice on this? what has your solicitor said?

cloudtree · 13/12/2018 11:29

Constantly puzzled as to why people think they will get better advice on here than from their solicitor. Yes there are a lot of us on here who are solicitors but we haven't seen your file and all of the paperwork and so can't possibly advise you better than your own solicitor.

Jehovah18 · 13/12/2018 11:53

I have received advice from my solicitor she said make an offer. I did. But my aunt doesn't reply to the letters my solicitor sends. Land registry only give you 6 months to sort it before it goes to a tribunal. She has tried to put a 150k charge on my property.

I asked for advice on here because every time I call or email my solicitor to chase it up it costs a fortune. I'm desperate.

OP posts:
cloudtree · 13/12/2018 12:34

Your solicitor has charged you £4k to say make an offer? There is clearly more to it than that.

If your solicitor says make an offer to settle then she believes you are liable. Therefore things are not quite as you've decribed here. I'm a solicitor. Generally we have to view all documentation and hear the whole story plus review the other sides version of events before we can form an opinion. Your solicitor will have done this. We can't possibly do this based on the three paragraphs you have posted.

LadyLapsang · 13/12/2018 18:37

So the property was transferred into your name but you paid nothing to your aunt? Is she of sound mind? Is she ill or could be perceived as having dementia? Could it be considered deprivation of assets ( for benefits or care)?

Jehovah18 · 13/12/2018 19:12

Hello. Its complicated. I left home in my teens and went to live with my aunt. When I was 17 I wNted to come home. My mom sold the house to my aunt at a very low price so I could live back into My family home. It couldn't be put in my name until I was 18 my aunt said she would put it in my name at 18 and I could pay her half what she had paid. When I was 24 my mom helped me get enough money to pay my aunt back. She didn't transfer it to me until 2 years ago (4 years later than she should). She never lived her she went abroad to live so I've been on my own since I was 17. I'm 24 now.. I tried to pay her the money I owed her but she wouldn't go it through a solicitor or put anything on paper. The tr1 form she completed said she was.t going to receive any money for the transfer but now she wants 5 times more than she asked for. She's not replying to my solicitors letters and I can't afford to go the land registry tribunal. It's a mess. She paid the bills but rented out the bedrooms and kept the money she wouldn't put the bills in my name. She said the lodgers money more than paid the bills. I had to sleep in the living room when she rented out all 3 bedrooms. So I never thought my aunt would do this. My solicitor said to offer her what she paid in but she wants 90k more than this. That's why I'm so stressed. I feel out of my depth. I was just looking for general advice. My au t hasn't provided any evidence to my solicitor.

OP posts:
blaaake · 13/12/2018 19:17

So, technically, you don't have to give her anything?

Jehovah18 · 13/12/2018 19:34

I wouldn't do that. I tried to pay her back what she asked but she would not let me do it through a solicitor. Now I'm offering her exactly what she paid but she wants all this extra money. She's lied about everything. She's saying we had a verbal agreement which we did but not for this amount of money.

OP posts:
LadyLapsang · 13/12/2018 22:15

Is your DM involved?

christmaspuddingyumyumyum · 13/12/2018 22:19

I'd be inclined to ignore everything except proper correspondence. Surely she can't land a £150k charge on your property when she transferred it to you for nothing, despite what verbal agreement was. In any case she has reneged on that and is trying to get more. Sit tight.

Jehovah18 · 13/12/2018 22:48

Thankyou for replying. Its the fear of incurring the land registry tribunal fees I'm most worried about. I can't afford to pay anymore fees. If she fails to win will she have to repay my fees?.

OP posts:
Talkinpeece · 14/12/2018 14:55

Talk to the Land Registry Tribunal themselves
They will know what their fee rules are.
They will base their decision on the written evidence.
And the TR1 is the prime document.

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