Property dispute between family members

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Property dispute between family members

    Hi there

    This is not a rental issue but if anyone has any experience of this I'd be grateful

    5 years ago my mother put a deposit down on a house and paid all the costs (survey, solicitors fees etc.)

    She also cleared my credit card debts of approx 20,000

    My sole name went onto the deeds (my mum was not available to co-sign at the time)

    She now says that the house is hers (she has in fact been saying this since the purchase was completed)

    She has offered to give me a deposit so that I can buy another property with my partner (who doesn't earn much money)

    Does she have any rights? can she claim part or full ownership of a house that I am living in?

    She says it was always intended as an investment and that her name was to have been included on the deeds

    #2
    Suggest you repay her the deposit, all the fees, and the £ 20000
    she also lent you.

    That way, you can look upon it that her efforts have been repaid
    in full, but no, she has no title to the house.

    You have made all the payments, but without your mother, you
    would not be sitting in that house, you would have been in court,
    for being unable to pay off your credit card.

    Do the right thing, sell it to her at the original price, less the deposit
    fees and £ 20000.

    My mother was GOOD to me, with deposits and credit cards, and
    fridges, and washing machines etc etc ,and I totted it all up, and
    made an effort to repay her.

    When I sold the house ( in the boom ) I gave her a windfall, for the
    help she had given me. And it came to the exact amount she lent
    me.

    Yes, Mothers DO give cash to their children, hoping to get it back,
    but knowing they may never get it back.

    I made sure she got it back, as it was the right thing to do.
    She has lent me more money since, knowing that my 5 cars will
    eventualy be sold, and she will get more money back.
    But knows she may not, but she is thankful that I repaid the
    first round of money, and does not hesitate to lend where I need
    it, and is probably coming from the money I gave her back, anyway.

    Keeps everyone happy, but dont take take take.
    You only have one Mother, and she will be the best friend you will
    ever have, --- ever !

    Moral lecture endeth.

    R.a.M.

    Comment


      #3
      Generally I'd agree with what RAM says, but it doesn't say in your post whether you've been paying the mortgage of whether your mother has. If your mother has been paying it, and can prove it, she may well be able to claim an interest in the house if she has been contributing towards it.
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


        #4
        thanks to both of you for your replies

        I have been paying the mortgage. My mother made it clear to me that if I got into trouble with repayments then she would help me out.

        We did have an arrangement, that I would live in the property and pay the mortgage as rent (less than I was paying in my former accommodation)

        My mother said that at any time I wanted to leave the property (I was supposed to be re-locating abroad with my partner) then she would give me back all the money I'd paid in mortgage repayments.

        She has made the point that it was an investment for her and also why would she "give" me all that money when she hasn't done the same for my siblings?

        I really want to know if she can prove that there is a clear financial trail (as there is) can she say that I have acted without her permission by putting my sole name on the deeds? She always planned to put my name on because of inheritance tax etc.

        Because we've been arguing over this for the last few years, I started to pay her a monthly sum of 400 which she says is no good to her as she wants a lump sum so that she can invest it.

        I've now stopped paying it as I think it makes me look as if I am admitting that she does have an interest in the property and that I do owe her.

        Comment


          #5
          I was very impressed with RAM's moral take on the issue.

          What I do not understand is how just your name ended up on the deeds. Sloppy instructions to solicitors?

          The obvious thing is to get accountants and solicitors advice to know where you stand now, and what happens if you transfer the property to her and how it may affect your tax position etc.

          If your name is on the deeds then it would probably take a court case to sort out anything different if you refuse to go along with it. I would imagine it would not look good for your mother in court if it was seen to be some kind of tax dodge, so she may not want to go down that route.

          Only you (and may be your mother) know what was originally proposed at the time. I think it was a mistake that she allowed to property to be put in your name when she wished to retain control; I have no sympathy with her on that, but it would not be right to take advantage of her either.

          I suggest that you stick to the original agreement in principle. If the rules or situation has changed,(for example your mother has decided that she wants something different to happen) there may be the need to compromise on either side.

          Is part of the problem that you want to stay in the property now and she had expected you to leave?
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment


            #6
            Hi Bel

            My mum's name was to be put on the deeds at the time of purchase but she was not able to be there

            She's wasn't trying to dodge tax, but merely trying to minimise the amount paid when she dies, many people do the same.

            If I'm honest, it's me who has changed the goal posts and I have not behaved well over this, and our relationship has broken down.

            I've turned down all her options because I don't want to give her half the house, nor do I want to leave the house, even if she pays me back all the mortgage repayments I've paid

            Comment


              #7
              Originally posted by Virginia Creeper View Post
              Hi Bel

              My mum's name was to be put on the deeds at the time of purchase but she was not able to be there
              It's water under the bridge now so not important; but just because she was not able to sign a contract or whatever becaue she was away... there are ways around this.

              Originally posted by Virginia Creeper View Post
              She's wasn't trying to dodge tax, but merely trying to minimise the amount paid when she dies, many people do the same.
              Strictly apeaking she is avoiding the tax man. Any gifts should mean that she retains no benefit from them afterwards. This clearly has not happened.

              Originally posted by Virginia Creeper View Post
              If I'm honest, it's me who has changed the goal posts and I have not behaved well over this, and our relationship has broken down.
              I've turned down all her options because I don't want to give her half the house, nor do I want to leave the house, even if she pays me back all the mortgage repayments I've paid
              Your honest about it and the power is now in your hands to make a change. I hope it works out. You're older now, and wiser. What you do or do not do will stay with you for the rest of your life. Get proper professional advice , think what you need and what you want (2 different things!), and work out a plan.
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

              You can search the forums here:

              Comment


                #8
                Your mum sounds awesome:
                - Paid for Deposit (WOW!, awesome mum!)
                - Paid Survey and Conveyanceing Fees
                - Cleared Credit Card Debts (WOW!, awesome mum!)
                - Does not charge you money other than mortgage
                - Says she'd pay you back mortgage payments when you leave (WOW!, awesome mum!)

                Sure, you can try to screw your mum over if you wish. Very likely to fall out with siblings/family also.

                I'd view the mortgage payments as "low rent" (not ask for repayment) and accept deposit offered by your mum for another property. With the definite point that its either a GIFT or LOAN and not a right to ownership.

                Your putting across to me that your not a very decent son, please explain how your mum has screwed you over? Otherwise she is pretty awesome and your trying to take liberties.

                Id personally sit down with Mum and decide best outcome for both.

                Comment


                  #9
                  Originally posted by Virginia Creeper View Post
                  I've turned down all her options because I don't want to give her
                  half the house, nor do I want to leave the house, even if she pays
                  me back all the mortgage repayments I've paid

                  would live in the property and pay the mortgage as rent (less than
                  I was paying in my former accommodation)
                  She basicly bought the house ( paying a considerable amount of
                  money to you ) expecting you to move out to be with your partner.

                  She basicly bought the house so you would be paying less rent
                  than the rent you were currently paying.

                  She said you could pay rent to live there, but may as well just give
                  that to the mortgage company, so her intention was it would be her house.

                  She was just not available to sign for the house, on the day, and
                  only you signed.

                  It is CLEAR that a verbal ageement was entered into, that you would
                  be paying rent to live there.

                  It was her intention to pay the deposit, pay off your cedit card,
                  and for you to rent the place, and insted of you giving her rent, you
                  sent the rent to the motgage company.( In it's simplest form ......... )

                  She wants HER house back, that she let you stay in, for rent sent
                  to the mortgage company.

                  Your ONLY option, is to sell the house, give the money to your mother,
                  and she says she will give you MORE money to put a deposit
                  down on a different house.

                  Your mother will die before you do, do you want her to die, knowing
                  you stole a house from her, you refused to move out and give her
                  the procees from the house, because there is no way she can
                  afford to pay a house deposit and your credit card.

                  Suggest you put her name on the deeds, to at least make her see
                  her child is not so bad after all, before she dies.
                  You don't have to leave once her name is on the deeds, you just
                  thrash it out over time, but do the right thing, put her name on the
                  deeds.

                  R.a.M.

                  Comment


                    #10
                    Bluntly, I don't think that there is an answer we can give, as in the absence of a written agreement, it is a complicated mix of what both you intended and did, and how that is backed up in law and action. That can only be agreed by discussion or litigation.

                    On however the basis of what you have posted, much of the legal discussion will be over Equity; how would you reconcile the clearance of the debts the initial payments and the subsequent mortgage as rent agreement, and the trust in you to allow completion in her absence, with asserted ownership?

                    I would suggest that rather than litigate, you take legal advice and you should seriously consider mediation first to see if you can reach an agreement.

                    And as opinion, you should be rather more grateful.
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                      #11
                      Thanks for all your replies, it is appreciated and as I've said previously, I'm not all at proud of my behaviour.

                      Comment

                      Latest Activity

                      Collapse

                      • Reply to Recurrent leaks from flat upstairs
                        by JK0
                        Do you have insurance for the contents? Maybe there is loss of rent cover included there.
                        18-05-2022, 06:11 AM
                      • Recurrent leaks from flat upstairs
                        by Ldawg
                        The flat I rent out has suffered from recurrent leaks from upstairs since I purchased it, 4 leaks in 4 years. It's caused me to lose one tenant already. I feel like there is no incentive for the owner upstairs to sort the problem (check the plumbing etc) as the cost is always covered by insurance and...
                        24-01-2022, 19:48 PM
                      • Reply to RTM director service charge arrears
                        by fos333
                        This is the important question, what are the reasons for non payment?

                        Have demands been correctly served including the correct summaries of rights and obligations?

                        Are the landlord obligations under the lease being carried out?

                        Have service charge end of year accounts...
                        17-05-2022, 21:48 PM
                      • RTM director service charge arrears
                        by ARG
                        Hello, I am new here so please excuse me if this question has already been asked, but a search has drawn a blank.

                        I am a director of an RTM of a property with 25 flats. I would be very grateful if anyone here can advise whether a resident who is more than six months in arrears with his...
                        17-05-2022, 15:38 PM
                      • Reply to Neighbour Dispute over Bins
                        by vmart
                        Is there a restrictive covenant in the title of the commercial-property owner (CPO) giving you and the other lessee a right of way over the land?

                        Is the CPO a freeholder or leaseholder of the land?

                        With regard to the point related to '20 years' you are referring to adverse...
                        17-05-2022, 21:06 PM
                      • Neighbour Dispute over Bins
                        by Tony-Edwards
                        Hello

                        I could do with some guidance if anyone has any knowledge on this.

                        I have a 100 year old flat that was split from a larger building in 2000 and has a 999 year lease, it is next door to a commercial premises.

                        The only way to get to my flat is across their...
                        17-05-2022, 14:40 PM
                      • Reply to RTM director service charge arrears
                        by vmart
                        The RTM can make a money claim online but as this enquiry concerns service charges the lessee will have the right to have the service charges determined unless already agreed. Depending upon the lessee's response to the claim, the County Court may refer the claim to the FTT.

                        What are the...
                        17-05-2022, 20:54 PM
                      • Reply to Recurrent leaks from flat upstairs
                        by Ldawg
                        Thanks for your response.

                        All costs are being covered by the management company. So currently I'm not actually losing out so I'm not really sure what I'm claiming for! More just the stress of it all. And the potential loss of earning and making unrentable/saleable as you say. Yes the floor...
                        17-05-2022, 20:22 PM
                      • Reply to Lease Extension - Relativity
                        by comm1985
                        I for one would appreciate a more stable approach in deriving the premium...

                        In this instance what would

                        1. The sensible premium be?

                        A)£32000 (based on the value the actual short lease was just sold for i.e Relativity 65%)
                        or
                        B)£20,000 (based on graph...
                        17-05-2022, 20:19 PM
                      • Lease Extension - Relativity
                        by comm1985
                        Hoping to get some clarification,

                        If a flat (Outside Greater London) with 60 years left is sold for £110,000 and comparable properties with longer leases attain £160,000

                        What is the relativity in this case?

                        Would it be £110000 less 5.5% (to estimate for no act...
                        17-05-2022, 15:12 PM
                      Working...
                      X