Can anybody please help, we are at our wits end and close to breaking point. My Partner has 18 months left of his Iva.. when he brought his property his parents lived with him and for their security he put them on his deeds in case of his death. This was done with a deed of trust. He entered the Iva as he had a business he could no longer sustain due to his parents being very ill and was paying for their treatment and could not work due to looking after them full time. Without his siblings help.. when they died a year apart his mothers death being last on Dec 2015 a Probate solicitor decided he wants half the house because as he claims he severed the Tenancy ( joint) with his late mother due to being in a Iva. We have been to Land Registry who found it completely groundless as we have a deed of trust stating that they had no monetary interests in the property and were on the deeds for their protection. So in this solicitors wisdom he has now taken this to the tribunal service 1st tier. We have put a case together by our selves as we have so much evidence. The judge has asked the solicitor several times for evidence to which he has nothing other than "in my opinion " I have lost my job over this solicitor and My Partner is doing what he can to make all his contractual Iva payments and our mortgage.
We have been on the government web site that states the only way you can severe a Tenancy is bankruptcy and a Iva is not bankruptcy....
Can anyone give us any advice as we can't afford a solicitor and no win no fee is not a option as they want 25% of the price of the property if we win. And we don't qualify for legal aid. We are worried sick and desperate for sleep and My Partner has become very depressed. Your my last hope for advice on this matter
Thank you in advance for any advice
Hopefully an Expert will respond and give you some better advice ... but it does look like the judge is, at least, looking at it from your point of view. If it does come down to it --- losing 25% on "no win no fee" is better than losing 50% to the probate shark.
We did consider the no win no fee solicitor but then we would have to try and raise that money or sell the house and we can't do either as in a Iva with a charge on the property. So frustrating!!!!!!!
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