Shared Ownership of Property - Who is financially responsible for upkeep?

[Deleted User]

I am looking for some advice regarding a family property. Sorry if it's a long post but trying to give the whole picture.

My dad died about 5 years ago, prior to his death my parents were in the process of separating, so they were still living in the same property (owned jointly). It was agreed that Dad's "share" of the property should be split between my sister and I. Mum (50%) and my sister and I (25% each).

My mum has since re-married and her husband now lives in this property with her.

There is no mortgage on this property and we have no intention to sell as it has been our mum's home for 40 years.

My question is really about who's should pay for the "upkeep" of the house, and what is considered "fair" as we do not live in the property and haven't for 15+ years.

Example - last year my mum decided to get an electrical survey of the house carried out and they recommended various re-wiring works (which came to around £800). Mum didn't discuss this work with my sister and I at all until the work was done and and then asked us to contribute 25% each - this caused a bit of a row. I pointed out that if work needed to be done on the house then we should all be involved in the decision-making prior to anything being done, unless it was an emergency situation.

Anyway, that has all blown over - but what do you think my sister and I should be financially liable for (decorating? maintenance? if the roof collapsed - should we pay 25% each? if the boiler goes?). I would just like to hear from anyone who has experienced a similar situation, or has some advice on how we deal with this going forward, to avoid more rows and surprises.

Mum pays all the utility bills, council tax, insurances etc.

Sorry if this is a bit long-winded, but thanks for reading.

belfastgirl23

How is your mum off for money? And where does your stepdad fit in all this? does he have any money or contribute anything towards the house?

I suppose my feeling is if your mum (and stepdad) are living on low incomes then it's fair enough to be expected to make a contribution to your 'asset' if big things need done (and presuming you can afford it of course). But as far as possible I'd want negotiation in advance of this, partly for financial planning purposes but also partly because it isn't nice to feel dumped on.

But this feels like one of those threads where there's a lot more behind the original question - sorry if I'm presuming too much but do you have bigger concerns about your stepdad's attitudes to finance?

Errata

It depends on each family members circumstances, the dynamics of the whole family and the emotional relationship each family member has with other family members.

If mum and her OH are paying rent for the 50% of the house they don't own, then logically they should inform the sisters (landlords) of what repairs need doing and split the cost 50/50.

If mum and her OH can't pay rent they should pay for maintenance and repairs themselves in lieu of rent, to be fair to the sisters.

If the roof collapses the insurance company will pay for it to be repaired.

I doubt that one co-owner or owners can be forced by the others to pay for maintenace, repairs, replacements or decoration. However it would be sensible for all co-owners to ensure the property is properly kept.

Perhaps the best way forward on this is to have an owners meeting, discuss what's already happened and agree what discussions about the property need to take place in the future before any agreement to work being carried out can be reached.

[Deleted User]

Hi belfastgirl and thanks for your quick reply.

No, I don't have concerns about my stepdad's finances - I know he gives my mum money every month towards the bills and they have no financial concerns that I am aware of.

Not sure what you mean about where my stepdad fits into all of this - he lives there, he pays my mum money towards the bills - he has no claim on the property at all (all legally tied down).

I really would just like to hear other people's thoughts on what my sister and I should reasonably contribute to whilst they are living in the property and we aren't.

Sorry if it sounds like there is an underlying issue, I suppose I am just wary of posting on a public forum.

[Deleted User]

Thanks Errata

There is no rent paid by anyone. The property is owned outright (by the 3 people mentioned), and my mum and her husband live there (it's my mothers home we would not dream of charging her rent) - we are all happy with this general arrangement, are very close and get on very well.

Perhaps my example re: the roof falling in was a bad one. Say, the carpets need replacing, or the living room needs decorating - should my sister and I contribute?

There is no major issue at the moment, but I would like the three of us to agree what is reasonable for us all to pay, going forward, and just thought I would ask others for their experience/advice before I do.

SailorSam

As belfastgirl says if you are well off and your mum on her uppers, i think i would be wanting to help, but not because a bit of the house was mine just because she was my mum. A think the bit about you and your sister actually owning part of the property is irrelevant.
If your dad had'nt said you and your sister should have a share, and it had all been left in your mums name, she would've had to pay then, and the chances are it would still be passed to you when she dies.
And what of your new step-dad. What is he paying ? Some may say he's done ok for himself moving in, and living mortgage free.
No, unless they are short of cash, any repairs should lay with your mum.
If she can afford it without your help but insists you pay, suggest the house is sold and you and your sister take your shares out. See what the reaction is then.

Rikki

Is there documentation station you and your sister have a 50% share between you?
I ask this as if your Mum dies everything could go to her husband.

If you and your sister own 50% of the house you Mother should be paying you both rent on this half. Especially as she expects you to contribute to repairs.

Is your stepfather contributing anything towards the upkeep of the house?

Errata

I think that given your mum didn't discuss the electrical work with you before it was done and had to be paid for, she may feel it's very much her home to do with what she will.
In view of that , if she wants new carpets or a room redecorating she and her husband should pay and I really can't see why they wouldn't be able to afford it. If they can't - offer to have the decorating done as a combined birthday and xmas present for them for the next 2 years.

[Deleted User]

Thanks Sailor Sam - you bring up some interesting points. None of us are well-off and none of us are on our uppers. It's not that we do/don't want to contribute - just wondered what seemed fair and reasonable for all concerned.

In the heat of the moment, I did suggest we sell the property when this all blew up last year, but none of us really want that as my sister and I see the property as an investment and mum doesn't want to move, which is fair enough, as I say, it is her home.

As for my stepdad living mortgage-free -it's a tricky one, but he's a nice bloke, who makes mum happy - he certainly gives mum plenty of money towards the bills, and mum has done a will so that when she dies the property passes directly to my sister and I.

[Deleted User]

Rikki wrote: »

Is there documentation station you and your sister have a 50% share between you?
I ask this as if your Mum dies everything could go to her husband.

If you and your sister own 50% of the house you Mother should be paying you both rent on this half. Especially as she expects you to contribute to repairs.

Is your stepfather contributing anything towards the upkeep of the house?

The deeds of the property were legally changed and state the split ownership and %. and Mum's will states that the property and it's contents all go to my sister and I upon her death.

We don't wish for our mum to pay rent on a property which she lives in and has done/owned for 40 years - it is her home. However, whilst we don't want any rent money perhaps the answer is as you suggested - in lieu of rent the upkeep of the property is mum's responsibility while she lives there.

As for my stepdad and what he contributes - I feel that is between my mum and him (we don't want any rent money from him either), he gives mum (over and above) his share of the bills every month.

Rikki

goochie wrote: »

Thanks Sailor Sam - you bring up some interesting points. None of us are well-off and none of us are on our uppers. It's not that we do/don't want to contribute - just wondered what seemed fair and reasonable for all concerned.

In the heat of the moment, I did suggest we sell the property when this all blew up last year, but none of us really want that as my sister and I see the property as an investment and mum doesn't want to move, which is fair enough, as I say, it is her home.

As for my stepdad living mortgage-free -it's a tricky one, but he's a nice bloke, who makes mum happy - he certainly gives mum plenty of money towards the bills, and mum has done a will so that when she dies the property passes directly to my sister and I.

Both your Mum and Step Dad are living mortgage free and they have a loving relationship going by what you say.

Look at this from another angle in his defence. He is married to a women he loves and if anything ever happened to her he has nothing left, no wife and no home. He has no where to live and could be homeless without capital. This is unless you allow him to continue to live there and then I expect you would charge him rent.

In some ways is he giving up more for love?

Slightly off topic but I'm a romantic at heart.