Can I evict my Mum?

kunekune

I haven't read all of this thread but Equity has come up a few times and I know a wee bit about Equity. Actually, it is an interesting point and unfortunately, interesting and uncertain enough that it could be very expensive.

Traditionally, it's true that if A pays for a house that is in B's name, B holds the house on resulting trust for A, or a share if it was a contribution rather than full payment. The presumption can be rebutted if B prove it was a gift. However, if A is B's father, then the presumption is that A intended a gift, so A has to prove it wasn't.

OP has two problems:

1. Some lawyers think this "presumption of advancement" probably applies in a transaction between mother and child not just father and child. They are probably right, but the law is unclear.
2. But the Supreme Court of Canada has said that it should not apply where the child is an adult, able to look after themselves, and the parent is elderly. Our courts haven't considered this decision in detail yet, but it is well-reasoned and might sway them.

So OP has the fact that could lead to a really interesting legal precedent ... but that means no-one will give way easily.

Lakelady_2

I`m guessing the OP has run away now. I would add if mothers mood changed unexpectedly it may - just may be a result of all the changes in her life and coming to terms with a new home and challenges. It is also possible she may be showing some signs of dementia. I would suggest the OP gets social services and the GP involved.
Uprooting everyone over one very overheated argument seems a bit excessive.
By the way, from my experience in a previous job - if your kids ever - EVER - suggest you sell up and move near them or in with them - it quite often ended up very badly.