Moving in with mum...legal question?

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

    Moving in with mum...legal question?

    Firstly, apologies if this is in the wrong place.

    My mother in law has a small-holding. The property comprises a farmhouse, stables, 15 acres of grazing land and a redundant brick outbuilding. My mother in law is finding it increasingly difficult to manage the house and land and wants my wife and i to take the house off her hands. It is valued the house at 400,000-500,000 pounds. There is no way we would be able to buy the house off her for that amount of money. Therefore, we have approached the local Council about planning permission to convert the redundant outbuilding into a granny annexe. The Council see no reason why they wouldn’t grant permission. However, my wife and I would need to raise a mortgage in order to fund the conversion, but my mother in law also wants to remain a home-owner throughout her retirement.

    My question, therefore, is is it legally possible for a) my wife and I to move in with my mother in law‘s and raise a mortgage on her house and b) are all 3 of us considered co-owners?

    Thanks in advance.

    #2
    Why not negotiate a deal whereby:
    a. you buy the house and mortgage it back to her; and
    b. she retains the outbuilding, then converts it into a self-contained annexe?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I'll be honest, i don't fully understand what you are suggesting. To clarify, there is no dispute here. A caveat on being granted planning permission is going to be that the annexe and main house cannot be seperated (i.e. sold seperately). We are all in agreement that the ideal solution, and one which we were hoping would be possible/legal, would something along the lines of her gifting us two thirds of the property, then re-mortgaging (all 3 of us on documents but onlt my wife and i actually paying). It is a solution like this that we are not sure whether or not is legal etc.

      She has a small sum outstanding on the mortgage which she plans to clear once full planning permission is granted. What is the process for gifting the two thirds? I take it it will need to happen prior to the three of us re-mortgaging? Are we liable to any form of taxation or are we exempt as it is our main and only residence?
      Forgive my ignorance!

      Comment


        #4
        house/outbuildings etc

        between yourselves why dont you get an application in for conversion of the outbuilding into resi; and in the event you are successful agree some sort of figure to buy the outbuilding, for which a loan could be raised. You may not get a loan from a conventional mortgage lender until such time that the place is converted and habitable but a clearing bank would probably lend the costs of conversion with the security of the site of the outbuildings with consent up to the time the conversion is done; especially if the mother with such a valuable house was to prepared to act as guarantor.

        Comment


          #5
          It sounds to me that your mother-in-law wants the "bun and the halfpenny" you end up making life easy for her and getting saddled with a morgage on a building which you would not live in and moving into the main house which you would not own. And should anything happen to her she could leave her assets to the cats home.
          Is the smallholding making a profit, with 15 acres and stables there is room for more stables, and could become a little profitable Equestrian Enterprise which would help to pay for the proposed morgage (providing its not full of your own horses)
          If she is finding it difficult and wants you to take the house off her hands (but not the land and stables) why not suggest that you get a 21 year lease on all of it, with the provision that she could live rent free in the proposed converted building.
          This way as a secure tenant you could then get a morgage to buy the house. But you also need to remember that even if a council planner has indicated that you will get planning permission they can change their mind as soon as they get back to the planning office.

          Comment

          Latest Activity

          Collapse

          Working...
          X