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21/04/2011 16:42:36 philmycoke Posts: 1	Normal 0 false false false EN-GB X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;}Hello guys, I am sorry if this post is in the wrong section. Please kindyeither put it in the right section or answer as best as you can. This is adesperate situation. I am currently unemployed for 4 years. I can not seek benefitsas i have a property rented out. Income is around £1300 and out goings withhuge debts around £1400. My mother and brother owned the house i currently live inand up to December 2006 i paid via the direct debit mortgage, internet and sky. My mother died and named me in her will. I paid solicitors around £700 to do some work. I guess itwas to execute the will. Once this was done, my brother informed me due to my credit ratingAbbey National are refusing to put my name on the deeds or have me as a mortgagee.He then contacted soclitors and made an avid davit where i gave up my right tothe will or something. This Abbey National accepted and the house was remortgaged solelyunder my brothers name. Since then due to unemployment i have been living in thesame box room till now. Now brother and his wife are being difficult. I am sureanytime now i could be forced out of the house or even forced to pay rent whichi cant claim for or afford due to unemployment. My questions are as follows. 1) Do i still have rights to the will and theproperty even i signed something saying i don’t. I was seeking help from a psycho therapist fordepression and other things at that time and my credit rating was bad even theneven if there truth to my brothers claim. 2) Can i be kicked out of the property and do ihave any help or support? 3) How quickly can i be removed from the property? One of the reason why i don’t pay rent and might refuse isfrom 2000 to 2007 i paid the mortgage. Almost £36k for the stupid box room. Please kindly help as much as you can. Ali
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13/07/2011 12:42:30 www.clicklegalservices.co.uk Administrator Posts: 374	It is quite difficult to follow this, unfortunately, but I assume that you and your brother were the sole beneficiaries under your mother's will. When she died, her share passed to you - so that you jointly owned with your brother. Some form of deed of variation of the will - effectively giving up your share to him was then signed, and you presumably had independent legal advice as to this at the time. It is not clear as to whether there was a mortgage on the house to start with (i.e. your mother and brother) or whether this was paid off on her death? I can understand it that Abbey would not agree to advance money to you if your credit rating was poor at the time, but what I don't follow is why the property had to be remorrtgaged then, at all. If you executed a formal deed of variation of the will- and knew what you were doing, then that will bind you on the face of it- unless you are alleging coercion or undue influence of some kind on your brother's part. It is very unclear what rights if any you have in the property. You would need to find this out before you could see what "rights" you have to stay. You could have a variety of legal rights to stay - equally, you may have none at all.
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