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My brother asking money.. - any solicitor here?

28 replies

cadaya · 26/10/2022 21:40

Hi all,
I used to live with my parents. We bought a small flat together with my dad almost 14 years ago. My father paid %50 and I paid an other %50 of the property. Now my parents are dead and my brother asking money from me as he says %50 was my fathers so he also owns it. My brother says my fathers %50 share’s %25 is his and other %25 is mine so in total ı should receive %75 rent and he should get %25. Is that true? I was planing to go and see solicitor about this matter but I wanted ask here if if it is True there is no need to go and make him sad or angry. I was always thinking we put the money together so I should own the property because there was no chance for my dad to buy that flat without my cash.. Please let me kmow wwud?

OP posts:
StPaulandTheBrokenBones · 26/10/2022 22:30

OP. Get a copy of the registered title from Land Registry.

Then look at the Proprietorship Register. There should be your name and dad’s name shown here. If you are tenants in common there should be a Form A restriction below your names. There might be some other things listed in this section but you are specifically looking for the following wording

” No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court”

If this is not there then you are beneficial joint tenants and the whole property passes to you automatically by survivorship.

However I would also be asking the solicitors who acted when you purchased the property for a copy of the transfer deed as well, because Land Registry sometimes makes mistakes so I would want this to be checked too.

Glitteratitar · 26/10/2022 22:33

Putting aside the legal position, surely it’s morally the right thing to do to share your dad’s portion with him? Unless there is other property / money involved which has gone to your brother.

Dibbydoos · 26/10/2022 22:34

cadaya · 26/10/2022 21:50

@Soontobe60 there were no tennats when we bought the property - ıt was brand new. The property is on my name and also on my fathers name %50 - %50

Without a will stating otherwise, the house becomes yours I believe.

But, your brother may have a claim on your father's share, so prepare yourself. If it's a typical sharing, it won't matter who paid the mortgage etc either 😬

If you have legal cover on an insurance policy, see if you can get free initial advice. Also citizens advice are a good place to go.

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