Can I evict my Mum?

vicstick86

Most of you lot on here should be ashamed of yourself!!!!!!!! Disgusting!

He didnt come on here to be judged in the way he lives his life, or treats his children! he was asking for genuine advice, as he is worried!

Bunch of bored blood suckers!

neas

I believe the blood sucking comment was what others thought of him maybe?

it sounds like him good ol mum put a considerable amount of money into the property, like 50% or something. And now he wants her out of this home now shes put money down?

Always say family and money dont mix.

Marg

Sadly, this thread, like others, has been hijacked by folk wanting to vent their own spleen rather than offer advice to a chap who must be at his wits end - I hope he stopped reading before it came to this and the situation is resolving itself in a civilised way.

Golden_Anemone

OP - Skip all the irrelevancies posted in this thread, both "for and against you". The most lucid and helpful piece of advice is in post 65. The law of Equity will be applied if your mother goes to court to seek her investment back. The courts will impose a very strict burden of proof on you to prove that your mother was independently advised and made fully aware that her money would be used to purchase a property in which she had no legal interest. The same burden is applied, for example, where one spouse asks the other to sign a mortgage agreement on the family home to raise business capital and the business fails.

You need to sort this out now by agreeing a fair amount to repay your mother - I suggest you ensure your sister is involved here so all parties are content - or it is going to cost a huge amount in legal fees down the line. The only winners then will be the lawyers.

irishwench69

So what's happened Ian? How have you been getting on? Have you managed to speak with a lawyer or anyone yet?

Hope you're holding up ok, sounds like an awful situation all round to be honest with you......

IW x

Georgie4

Hector-The-Inspector wrote: »

Hmmm, that was a quick £64,000 spent :rolleyes:


Not one, but three little kids are adopted to your unstable home. This is worrying.

I'm puzzled as to how you think she has used up £64,00 of the huge amount that she put into your house. This is a total mess - I cannot beleive you can even be asking how you can get her out without giving her her money back. Presumably you have bought a house you couldn't have afforded without her help ! Did the mortgage company know where you were getting the deposit ? If they knew she was living with you they would have asked her to sign documents to say she has no claim on the house if you default - or haven't you told them ??!!! :rolleyes:

Georgie4

babyblooz wrote: »

I thought if you adopted then social services handed over legal authority to you. If this is so, then surely its up to you to decide whats best for the children. Or are they being fostered? If so, you should be receiving a fostering allowance for them. Could this not be used to help pay mum back?

Legally the children are yours as soon as the adoption goes through and you are free to move wherever you want to !

charlie2517

Hi there, not a lot to add as most has been raised already, other than to say I hope it all works out and to ask are social services aware of this incident? How would it affect the placement if at all? They are the most important thing.

Best of luck xx

pommymike

As your mother put £174K into the purchase she must have an interest in the property under a "resulting or constructive trust".

This means she has a right of occupation of the property and a financial share and interest under the Trusts of Land and Appointment of Trustees Act 1996.

She would not be expected to contribute to the mortgage as that was your contribution to the purchase.

You cannot simply "boot her out" as has been suggested.

As a beneficiary under a trust of land she has the right to apply to the county court for an order for sale under section 14 of the 1996 Act and for the court to declare the amount or proportion of her and your interests.

The fact that she signed a consent to mortgage or waiver of rights of occupation does not affect her rights against you - it would only prevent her claiming rights with priority over the mortgage, if the lenders were to seek a possession order.

It is best to consult a solicitor if you cannot resolve your differences.

tomterm8

YorkiePud wrote: »

You don't ask for an inheritance to be paid back!!
.

This isn't an inheritance, an inheritance happens after the benefactor dies.

My experience is that courts basically apply a lot of common sence. If this comes to court, I believe that they will not just accept that this was a gift of £170kish, they will construct it as a loan where she loaned you the money in exchange for the benefit of living in your home without rent, and with you providing certain care, rent and food etc. Or they will create a beneficial ownership, whereby she owns a proportion of the property.

That's my belief, from what has been written here. I am not a lawyer, but I doubt that the courts will allow your mother to be put into poverty as a result of you evicting her onto the street.

If the court does construct it as such, then if you break your side of the contract, even for good reason, she will be entitled to her money back.