An­gela Brown

Macclesfield Express - - HOMES - HE WON’T MOVE

Daniels LLP So­lic­i­tors I WANT to sell our house but my hus­band doesn’t. We have no chil­dren or dependants. What’s the legal po­si­tion? I PRE­SUME that you and your hus­band own the prop­erty jointly. If your hus­band re­fuses to agree to sell then an ap­pli­ca­tion will have to be made to court. It’s not clear whether or not you and your hus­band have de­cided to sep­a­rate. If you have then the eas­i­est way of deal­ing with this would be to is­sue di­vorce pro­ceed­ings and at the same time is­sue an ap­pli­ca­tion for fi­nan­cial pro­vi­sion. Mak­ing an ap­pli­ca­tion to court is an ex­pen­sive and some­times lengthy process. I sug­gest that you ini­tially con­tact a fam­ily solic­i­tor since the first step would be to write to your hus­band set­ting out your pro­pos­als. It may be that there are as­sets other than the mat­ri­mo­nial home which need to be con­sid­ered. MY wife has Alzheimer’s and I am wor­ried that she may need to go into care. I was told that the lo­cal author­ity would take any monies we have over £44,000, but I now hear that in the case of men­tal is­sues this rule does not ap­ply. THE NHS should pay the full cost of a nurs­ing home if the res­i­dent is there pri­mar­ily for med­i­cal rea­sons. Oth­er­wise the lo­cal author­ity will pay but can re­cover the money from the res­i­dent by tak­ing nearly all their in­come and their cap­i­tal un­til it is re­duced be­low £23,250. Note that the lo­cal author­ity could only take your wife’s money, not yours, and that your wife’s in­ter­est in any house you oc­cupy could not be taken into ac­count. This is a com­pli­cated area and you should, if nec­es­sary, take ad­vice from a spe­cial­ist solic­i­tor. Also, the Alzheimer’s So­ci­ety web­site has a use­ful sec­tion on the sub­ject. I NEED to find out who owns an un­oc­cu­pied prop­erty nearby, but I find it’s not reg­is­tered at the Land Reg­istry. I have con­tacted the lo­cal author­ity to in­quire who is re­spon­si­ble for coun­cil tax pay­ments, but they say dis­clo­sure would be in breach of data pro­tec­tion. Is this cor­rect? Where do I go from here? THE elec­toral reg­is­ter is open to in­spec­tion of course, but coun­cil tax records aren’t. In this sit­u­a­tion your best bet is to ask at nearby prop­er­ties to see if any­body knows the owner or their where­abouts. Un­reg­is­tered prop­er­ties es­pe­cially risk be­ing ap­pro­pri­ated by squat­ters. Any­one could move in and claim own­er­ship af­ter 12 years’ un­chal­lenged oc­cu­pa­tion.


FOR the last three years I have re­ceived no cor­re­spon­dence from any­one about my ground rent. I have a name and ad­dress, but a let­ter re­quest­ing a state­ment re­ceived no re­ply. What can I do? YOU’RE in a very com­mon sit­u­a­tion. It’s pos­si­ble that the free­holder has died, in which case an ex­ecu­tor or ben­e­fi­ciary may con­tact you in due course. No ground rent is ow­ing un­less it has been de­manded, so you have noth­ing to worry about and the col­lec­tors of the ground rent can only claim a max­i­mum of six years’ ground rent from you.

Call SAS Daniels LLP So­lic­i­tors on 0161 475 7676 or 01625 442 100. Visit­daniels. If you have any legal ques­tions, write to Weekly Law and You, MEN Me­dia, Mitchell Henry House, Hollinwood Av­enue, Chad­der­ton, OL9 8EF, or leave your query on the legal ad­vice line 0117 964 4794.

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