Expert advice on your legal problems; You and the law.
Byline: KELLY HYNES
Q My daughter and her partner split up nearly a year ago, and she was told by her solicitor that she would be able to stay on in the house until the children leave school. Now they've been to mediation and she's told that she will have to sell the house and split the proceeds with her partner. Which is the correct advice? A Legal advice and mediation are very different. A mediator should not give legal advice. Their role is to help the parties negotiate an agreement which both parties are prepared to accept, often involving a degree of compromise on both sides. No-one can force your daughter to agree to anything at mediation. I would follow the legal advice.
Q We were married nearly 40 years ago and the house we bought is registered in my name only. We've been told that in the event of my death, or the need for care home treatment, not having the house registered in both names will cause problems. Is this true? A The value of your house wouldn't be taken into account for care home fee purposes while either of you were still living in it.
However if you were to die and leave the property to your wife it could be at risk if she then had to go into a home. It may be advisable to own the house as tenants in common, ie in separate shares, so that only half its value would be at risk.
You should discuss this with a solicitor and certainly make a will if you haven't already done so.
Q The house next door's overflow pipe has been dripping for months and is damaging the rendering on both our houses. How do I find the name and address of the latest of a series of buy-to-let landlords who have owned the property next door and get them to take action? A The property is likely to be registered at the Land Registry if it has changed hands recently. You can get a copy of the title register, which gives details of the current owners, at the Land Registry website for PS3.00 or you can call in at a Land Registry office and carry out an index map search.
Send a recorded delivery letter to the registered owner warning him that you will hold him responsible for the damage to your property unless he takes action within a reasonable period of time, say, 14 days.
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| Your legal questions answered by |KELLY HYNES of Gamlins Solicitors LLP. Telephone 01248 672414 or visit www.gamlins.com. Offices throughout North Wales