children signing contracts

clare_bear_2

My boyfriend and I have made an appointment to see the solicitor and sign contracts for the house we are buying but she has just emailed to say that my boyfriend's 17 yr old child needs to sign too... any ideas why? We have emailed the solicitor to ask why (I'm not sure it will be possible due to the timings and we don't really want to re-arrange the appointment and add delays) still waiting to hear back.

thanks for any advice

Southend1

I think it may be something to do with agreeing that they will move out of the house once the sale is completed? Though I am not an expert so I'm sure someone more knowledgeable will clarify this.

vintagebrighton

I thought contracts signed or agreed to by anyone under 18 were legally unenforceable. Would be interesting to see how this develops!

sonastin

You are signing the contract to say that you are going to give the purchaser vacant possession. As a 17 year old is no longer a child under your control (legally speaking) s/he also needs to sign to say that s/he is willing to move out and won't be living in the property once you've sold it. Its not so much signing the contract of sale to agree to you selling the house, its more signing to say that s/he knows that homelessness is on the cards and is s/he is OK with that and won't be causing trouble. Your 80-year-old grandmother would have to sign too if she was living with you. The law expects you to compel kids under the age of 16 to move when you do but adults (or those very nearly at adulthood) might refuse to go.

Flat_Eric

When my mum bought her house, my sister had to sign some form (in the presence of a solicitor) from the Mortgage Company that said that should my mum have the house repossessed, my sister would move out. I think my sister was 19 at the time ?

Do you know exactly what it is that needs to be signed ? If it is intended that your partner's child is going to be put on the Title Deeds then they will need to sign all relevant docs (Contract/Transfer) as you will be required to do.

puddy

they cant be on the deeds at the age of 17 so it cant be that

OP doesnt say she is selling a property so we dont know for sure that its that

under law, a child is still a child until they are 18, believe it or not, the children act applies to people up to the age of 18. a parent still has PR for children up to 18, its a very grey area in practicality

clare_bear_2

we are not selling just purchasing so from what Flat Eric said it seems like it will be a condition of the mortgage so if things go wrong and the house is repossessed the child knows they will have to move out, thanks for the replies

Yorkielass

My now husband had to sign something when his parents remortgaged their house. He was a student and about 20 I think, so living away in term time but it was still his primary residence so I agree with others that it's likely to be a mortgage thing.

propertyman

Will they be 18 before completion?

G_M

propertyman wrote: »

Will they be 18 before completion?

Even if this was the reason, their signature at age 17 would be meaningless in law.

I look forward to hearing what explanation the solicitor gives for this.

eamon

I had to sign a document as well when I lived with my sister as she was remortgaging at the time. I don't think its at all unusual.