House Ownership

boybig

I am trying to find out which joint owning it is.

bryanb

boybig wrote: »

I am trying to find out which joint owning it is.

If it turns out to be Joint tenants It automatically goes to the survivor when one dies no matter what a will says.

boybig

bryanb wrote: »

If it turns out to be Joint tenants It automatically goes to the survivor when one dies no matter what a will says.

There will then be the issue of what happens to son who lives there. I think this is the nub of the problem.

bryanb

boybig wrote: »

There will then be the issue of what happens to son who lives there. I think this is the nub of the problem.

Nothing will "happen." Whoever owns the house must decide in the light of any tenancy agreement etc. Presumably that will be you. If there are any outstanding debts attached to the house you, as owner will have to sort them.

bryanb

boybig wrote: »

I think the issue here is that son is living in the house and has no where else to go.

That is legally his own problem at age 24.

boybig

What if there is no tenancy agreement with son? Does it make any difference?

BitterAndTwisted

Of course son will have somewhere else to go! Well, he could, he's got the means to prepare for the eventuality of his grandmother's death but he's choosing not to do anything about it by all accounts. Having a ruddy job would be a start. Or he'll be out on the street and fending for himself, which is what he really should be doing now at his age. Is he unwell? Intellectually compromised? Disabled?

bryanb

boybig wrote: »

What if there is no tenancy agreement with son? Does it make any difference?

No tenancy agreement or lodgers rent book would mean he has no right to live there. But evicting him could be drawn out and expensive, if he refused to leave when asked.

gizmo111

I think your mum should do whatever she wants with her half - she could leave it the 2 children split 50/50 and you then have your own half, this however could cause problems when it comes to selling. She could write into her will that she wants her share to be divided after sale to the 2 boys and you can then do what you like with the proceeds of your half of the sale. She could if in a position to do so buy you out now and the ndo what she likes with the property. You could give her your half (presuming there is no mortgage of course)
Personally I would retain an interest in the house as this will stop her making any silly decisions regarding raising cash if the son is likely to pressure her for some.

BitterAndTwisted

But the costs of evicting him could be taken out of any interest he may have in the property. He could also buy the remaining share by getting a mortgage but he'll need to be in gainful employment in order to do so. But all this is conjecture until you know on what basis the house is owned by you and your mother