An­gela Brown

Macclesfield Express - - HOMES - CUT­TING HER OUT

SAS Daniels LLP So­lic­i­tors MY son has been sep­a­rated from his wife for many years but is mak­ing no moves to­wards a di­vorce. How can I draw up my will so that any money I leave my son can­not at some fu­ture date be claimed by my daugh­ter-in-law? THIS is a com­mon prob­lem for par­ents with di­vorce on the in­crease. You must per­suade your son to seek pro­fes­sional ad­vice and prefer­ably ob­tain a di­vorce and a clean break set­tle­ment. As things stand, even if you both make wills specif­i­cally ex­clud­ing your daugh­ter-in-law, she could still make a claim on the amount your son re­ceives if they are not di­vorced at the date he in­her­its. You could con­sider set­ting up a trust but these have to be ad­min­is­tered prop­erly and can be ex­pen­sive, so you would need to seek spe­cial­ist ad­vice to make sure it was worth­while.


I’M 79 and de­cided to sell my house and move into re­tire­ment apart­ments. I was asked to pay a de­posit to re­serve one of these apart­ments, but when I read the form later it seems the reser­va­tion lasts only un­til the end of July. If my house isn’t sold by then I stand to lose £250 of my de­posit and by Septem­ber I’ll have lost the lot! OB­VI­OUSLY the builders of the apart­ments can’t be ex­pected to wait for ever for prospec­tive pur­chasers to sign up. They’ve set the ‘book­ing fee’ at a level which is af­ford­able but will make peo­ple want­ing to buy hurry up! You could take out a bridg­ing loan, but if your house is slow to sell the in­ter­est on the loan could out­strip the amount you will lose by for­feit­ing your de­posit. I’d strongly ad­vise against ex­chang­ing con­tracts for your pur­chase un­til your house sells.


I WAS di­vorced last year and my ex-wife took over the house and the mort­gage pay­ments. Un­for­tu­nately the prop­erty is still worth less than the mort­gage, and the bank won’t agree to trans­fer the house into my ex-wife’s sole name. This means I can’t get a mort­gage to buy a house of my own. THE bank won’t agree to of­fer a mort­gage to your ex-wife while the prop­erty is in neg­a­tive eq­uity. This is likely to re­main the case un­til such time as the value of the house in­creases or the bal­ance out­stand­ing on the mort­gage re­duces, which could oc­cur if your ex-wife has cap­i­tal with which to pay some of it off. If the house were to be sold then the bank would pur­sue ei­ther or both of you for any short­fall. You need to en­sure your ex-wife pays the mort­gage each month as oth­er­wise you can be pur­sued for any ar­rears too. A HOUSE op­po­site mine has been boarded up for over five years. I was won­der­ing if it was pos­si­ble to have it com­pul­so­rily pur­chased, or make it sub­ject to an Empty Dwelling Man­age­ment Or­der. I’m look­ing to sell my house and the boarded-up prop­erty is af­fect­ing the value of mine. DIS­CUSS this with your lo­cal coun­cil­lor and also with the coun­cil depart­ment deal­ing with empty prop­er­ties - 0161 234 5004. The coun­cil can help an owner sell an un­wanted prop­erty, or ar­range with a not-for-profit land­lord, such as a hous­ing as­so­ci­a­tion, to buy it, bring it up to stan­dard and rent it out. Com­pul­sory pur­chase is also an op­tion. These days you can pe­ti­tion the coun­cil to bring about changes to your area, so if you can get ev­ery­one in the street in­volved, your pe­ti­tion may carry more weight. If the coun­cil con­tacts the owner of the house about his plans for it, it might at least prompt him into ac­tion. 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

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