image description

Our Case Studies

Order for Sale

Tim Watson has successfully obtained an Order for Sale from the Court in respect of property owned by his client Mrs B.

Mr W and his daughter, Mrs W, purchased a property in 1993. They transferred the property to themselves and Mrs B in 1994 so that all three each owned the property together (Mrs B had been treated as a member of the family for a number of years previously). They all three lived in the property together. However, later that year the relationship broke down and Mrs B left the property. In 2012, Mr W died. The property was held equally by Mrs B and Mrs W. Mrs W then tried to get Mrs B to sign over her share in the property to her for a nominal payment, claiming it had been transferred to Mrs B by mistake. Mrs B denied this and refused to do so. Mrs B then sought to agree with Mrs W that the property be sold and the proceeds of sale divided equally, but she refused. Mrs B issued Court proceedings seeking an order from the Court that the property be sold. Before it was heard by the Court, Mrs W died. Mrs W’s share in the property went under her Will to her partner and the two carers who were looking after and living with her at the property at the time of her death.

Tim Watson, on behalf of Mrs B, obtained an agreed Order that the property be sold. He also secured a payment (called occupation rent) to compensate her for part of the time Mrs B had been kept out of the property, together with interest. The claim was further complicated by the fact that Mrs W’s partner and carers were in occupation of the property and the purchaser was reluctant to purchase until they had vacated.


More Case Studies ...