regaining property back.

5345jacq

I and my husband bought a property for my daughter in April 2006. We bought it outright and the deeds are in her name. However we asked her to sign a statement saying that if she returned to drugs or took any loans or credit cards secured on the property we would take the property or the money we paid for the house back. She signed as did my husband and myself with my other daughter acting as a witness. We have since found out she has a charge on the property for £13,000 and has had a default notice issued and she is now receiving income support due to her drinking and not being able to work. I would like to know if this statement she signed give us a legal right to sell house and keep the money for our grandchild. Any help would be most welcome. Many thanks.

PasturesNew

Who wrote the document? You or a solicitor?

clutton_2

if you wrote it you need to go to see a solicitor - some have half hour free surgeries

Jowo_2

Was this just an amateur self-written letter that you drafted yourself without expert advice....?

N79

Jowo wrote: »

Was this just an amateur self-written letter that you drafted yourself without expert advice....?

Of course - as any solicitor would know that there is zero chance of a court acting on such a letter and would, instead, have placed a charge over the property, or, more probably, would have placed it in trust.

House belongs to the daughter and they can do what they like with it .... assuming this thread is not a wind up.

poppysarah

"I and my husband bought a property for my daughter in April 2006. We bought it outright and the deeds are in her name"

I think that means it's her house.

5345jacq

We did not go to a solicitor, but just wrote this statement without a solicitor. However my daughter is freely ready to sell house and return money, but she is worried that she will have nowhere to live as she says she will not be able to apply for housing benefit if it is deemed she freely gave property up. I no longer wish to support her until she is clean and sober for at least a year.

poppysarah

You should speak to the solicitor who gave you advice about this scheme when you did it.
I assume you took legal advice about giving away lots of money in the form of a house to your daughter. No? Well there's a very hard lesson for you.

She presumably will be seen as depriving herself of assets if she gives you the house/money. Seek legal advice.

ILW

5345jacq wrote: »

I and my husband bought a property for my daughter in April 2006. We bought it outright and the deeds are in her name. However we asked her to sign a statement saying that if she returned to drugs or took any loans or credit cards secured on the property we would take the property or the money we paid for the house back. She signed as did my husband and myself with my other daughter acting as a witness. We have since found out she has a charge on the property for £13,000 and has had a default notice issued and she is now receiving income support due to her drinking and not being able to work. I would like to know if this statement she signed give us a legal right to sell house and keep the money for our grandchild. Any help would be most welcome. Many thanks.

If this is not a wind up, why the hell did you put it in your daughters name as oppsosed to just letting her live there rent free. Sounds fishy to me.

Hippychick

You should have kept the property in your names, esp if you couldn't trust her. Hindsight is a wonderful thing.....

The best you can probably do to protect yourself now is to register a charge or restriction against her property. You will need to see a solicitor.

You may not ever regain the property but if she ever sells then with a charge or restriction registered in your favour the sale can't go ahead unless she pays you back.

5345jacq

we wanted her to become independant from us and we thought at the time this would be a clear incentive to live a proper life. I thought a private arrangement would cover everything. Also we could have rented to her and she could have claimed housing benefit but she assured us that by doing this way she would do her upmost to find a job, which she did do for over 2 years but then things went wrong. Surely if she signed an agreement with us, it should stand up as a legal contract?