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Topic starter
14/03/2012 9:34 pm
a family made up of 2 sisters one of whom have 2 grown up children own a property in scotland, the mother of the 2 children recently died, the property before she died was split, 1 sister 50% the mother of the grown up children 25% and the children both have 12.5% each. a week after the funeral of the sister the other sister gets a letter about selling the property from the solicitor of the 2 children, threatening division and sale, the sister remaining agrees to sell the propety on the open market but within 10 days the solicitor gets a writ issued for sale and division which is to be heard soon,the property requires some cosmetic work to be presented for sale. the children both whom are in their 40s are causing all sorts of grief to try and keep the value of the property down, the first sister wants to sell but also protect her inheritance at the same time, how can she stop the division and sale? would this be a case of gratuitous ailination?
14/03/2012 9:39 pm
I'm a little confused to be honest robin. Is one of these people insolvent?
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14/03/2012 9:41 pm
Oh! an exam question.
Best seek legal advice from a solicitor specialising family law and property law. Not sure where insolvency fits in here.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
14/03/2012 9:49 pm
Hi, sorry but I am confused as well. Who is insolvent? And do any of them live in this house?
Shona is not currently posting in the Trust-Deed.co.uk forum.
Topic starter
14/03/2012 9:53 pm
Thanks for getting back so quick! there is no sequistration by any of them, the pair of children are trying to basically get the property for next to nothing, on conversing with my bank manager he advised me that if the property gets sold for peanuts then the sister owning 50% may have a case for gratuitous ailination, i'm new to this as you can tell so i have no idea? what i need is some idea of how to stop this sale and division?
14/03/2012 9:57 pm
Hi realliferob and welcome.
Gratuitous alienation has only been mentioned here previously in connection to insolvency.
If your question relates to a family dispute and property law (with no connection to insolvency) I'm afraid that none of the experts are qualified to offer you advice. You'll need to obtain a legal opinion on the matter I'm afraid.
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14/03/2012 9:57 pm
Hi,that is quite sad really. You need to get legal advise as Mark suggested.
Shona is not currently posting in the Trust-Deed.co.uk forum.
14/03/2012 10:00 pm
Hi realliferob
Sorry but this makes no real sense in connection with a gratuitous alienation.
The one half share owner validly transferred her ownership. The only option is for legal advice to appear in front of the sheriff to argue why the property should or should not be sold. The sheriff will decide this.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
14/03/2012 10:13 pm
Thank you all for your comments, it's my partner who owns the 50% and with not having anything to do with courts or law in the past, she is really worried, this to the point of me too. we have a solicitor who seems to know what he is doing, but it's the waiting around not knowing how the balence will go, we will just have to ride out the storm. once again thank you for your kind comments, rob
14/03/2012 10:17 pm
Hi Robin
Gratuitous alienation will not come into it.
The Sheriff will probably look at the just and reasonable argument and decide either grant the order, allow the repairs over a set period and grant the order or dismiss it.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
