Advice please - house bought with mother all went horribly wrong.

dillydallydilly

OK, when I was in my mid twenties my mother put down the deposit on a property and I took the mortgage out in my name as she was unable to have a mortgage. I'm pretty sure I paid the mortgage and she paid for work on the house. She always maintained that eventually I would be left everything she owned, being an only child and she being single. Therefore I never requested any money from the sale of the house. Which incidentally she refused to give me anyway.

She then sold the house making a good profit and bought a place for cash about £70K then did it up and sold it for about double. She then asked me to go in with her again, so she stumped up the deposit and I took the mortgage out, which I think was about £150K.

In the meantime we set up a business together although she did not declare herself except as Company Secretary. For some while she did not agree for me to take a salary, instead paying the mortgage out of any business income.

I met my future husband and this is where it all falls apart. I move out about a year after we buy the property. She goes ape and insists I still pay the mortgage which I refuse to do as I agree to give boyfriend up keep. She falls out with me, claims she cant afford to live in the house and subsquently sells the house (whilst purchasing a flat in Marjorca with her brother and a flat in Richmond for herself with a small mortgage from her brother). I didnt receive any money from the profits.

Move on about 6 years and she now does not speak to me or have anything to do with her grandchildren as she hates, and we mean hates my husband. She now lives in an Alms House claiming poverty to the trustees whilst she has £400K in the bank. Honesty has not been her best attribute.

Now in good faith and with her being my mother I always agreed to not ask for any money as she always promised I would get everything on her demise. Therefore I did not invest in any other property (which I couldnt do as I already had a mortgage with her) and have diddly squat to my name since I was always given the reassurance that one day I would be quite wealthy.

Obviously this is not going to be the case so I want to see whether I can retrospectively go after her for profits from the houses we had together in order to get some financial stability for my future. She is unlikely to be able to prove that she paid the mortgage as she did not declare her earnings, go PAYE and at some point she was claiming rent benefit from the house I bought when I moved out as she said she couldnt afford it (which she could BTW). Now before you all go mad about this, I had moved out and she said there was not illegal about letting from your family since on paper the house was not hers.

So, do I have a case for claiming anything? And if so how?
Thanks

kingstreet

That could be the most convoluted set of circumstances I've ever seen and I have no idea where to start.

After 27 years, I have to hold my hands up and say, I'm stumped.

The_Blue_Hatter

This doesnt make sense. The mortgages were in your name and she sold the houses?? Did you agree to this?? Cant see how you are entitled to anything and think your Mum sounds like a right piece of work (no offence like!).

Perhaps the best way to get anything from your Mum will be by spending the next couple of years sucking up to her!!!!

VfM4meplse

Seriously complicated stuff! I think you should cut your losses and plan your financial future with your husband, don't expect anything from your Mum. If it helps:
- consider your mortgage payments to be akin to paying rent.
- ask your Mum to clarify who the beneficiaries on her will are, then at least you will know one way or another. Remember IHT is £325k so it looks like it would be a good idea for her to spend a bit now - perhaps gift a bit?

Good luck.

kingstreet

Checking understanding.

House 1 - she paid for deposit and work. You were named on deeds and paid mortgage? House 1 sold.

House 2 - £70k cash paid and sold for £140k and no daughter involvement?

House 3 - mother paid deposit, OP raised mortgage of £150k or purchase price of £150k?

Limited Company launched. Mother company secretary, daughter only director (at time you needed two directors or one director and co. sec.?) OP states mortgage paid out of business income. Which mortgage on which property? Are we on House 4 now?

Meet future husband. OP moved out of where? Mother insists OP pays mortgage. Which mortgage on which property?

CloudCuckooLand

Talk to the solicitor who handled the transactions and funds.

If the mortgage(s) were in your name, the house(s) would also be in your name.

I do not think there is any way your Mum could get funds from a house sold in your name, without your signature. Other than fraud on the part of the solicitor.

So if you signed funds over to her, that ends your ability to lay claim to the funds. Unless the solicitor did anything clever with the paperwork.

If you did not, the solicitor has some sticky questions to answer.

Bonbon

Too complicated for me !

GDB2222

Any claims dating back over 6 years are probably statute-barred, so what's left? You'll need to hire a lawyer - that's what they do - but it won't be cheap.

JQ.

Go and see a solicitor, a good property solicitor.

Each house you've had a mortgage on has made a profit. Presumably, for you to have a mortgage on them, you owned them. Therefore surely you're entitled to your cut of the profit, if not all the profit, if your mother can't provide proof she lent you the deposits and did not gift them to you.

I really don't think you'll get a definative answer on here as it's far too complicated to be explained in a single thread.

You need to speak to a solicitor in person.

dillydallydilly

The_Blue_Hatter wrote: »

This doesnt make sense. The mortgages were in your name and she sold the houses?? Did you agree to this?? Cant see how you are entitled to anything and think your Mum sounds like a right piece of work (no offence like!).

Perhaps the best way to get anything from your Mum will be by spending the next couple of years sucking up to her!!!!

She is a piece of work. The money side is just one thing, there are also all the letters and presents she returned to my now late father, I only found out about them a few years ago when I tracked down by half-sister....

No chance of sucking up, she refuses to reconcile.

dillydallydilly

VfM4meplse wrote: »

Seriously complicated stuff! I think you should cut your losses and plan your financial future with your husband, don't expect anything from your Mum. If it helps:
- consider your mortgage payments to be akin to paying rent.
- ask your Mum to clarify who the beneficiaries on her will are, then at least you will know one way or another. Remember IHT is £325k so it looks like it would be a good idea for her to spend a bit now - perhaps gift a bit?

Good luck.

There is no dialogue between us, she wouldnt even release money when we were speaking because unless she can stipulate and manipulate you with it she refuses. my husband and I really needed financial help during the recent recession to pay the mortgage and she refused. She then started to use it as a tool for me to leave him with the kids and set up home with her....