What are our rights? What should our next move be?

princeofpounds

Is this wrong of me?

No, it's not.

You have to ask yourself, if she is prepared to make a promise to give the pair of you the flat, why is she not prepared to legally contract to do that same thing?

She may indeed want to fulfil her promise eventually, but it indicates there is a big 'but' hiding behind it all.

G_M

I'm afraid you are very exposed.

As the owner/landlord, mum has a legal obligation to maintain the property for her paying tenants. However you have voluntarily taken over that task and spent your own time/money. In law, you have almost zero right to be repaid.

Similarly, in law, you have almost no right to demand mum gives the property to her daughter. (nor does daughter).

The whole arrangement depends on trust, and family relations. Will you and daughter split up? You say you are confident not. Will mum transfer the property? You sound dubious.

I suggest you cross your fingers.

I have said several times 'almost zero' because as princeofpounds says, you may have a " a beneficial interest in the property".

I think it unlikely, but possible. Only an expert opinion could provide an answer, and I suspect even then the best a solicitor would offer would be "The courts might agree you have a beneficial interest in the property. But it is uncertain."

princeofpounds

I think it unlikely, but possible. Only an expert opinion could provide an answer, and I suspect even then the best a solicitor would offer would be "The courts might agree you have a beneficial interest in the property. But it is uncertain."

I think it is slightly more likely*, but I do totally agree that's probably the advice you'll get by the way. It's still worth a discussion with a solicitor, as we are just laypeople speculating.

*why? simply that there is an intention you will ultimately receive some benefit, and the scale of the investment is not modest.

dekoder

princeofpounds wrote: »

Meanwhile, as the owner of the property and receiving rental income, she absolutely is the landlord and legally responsible for keeping the flat in good repair.

Since this is such close family to OP's girlfriend there has to be element of trust, just can't imagine screwing your own daughter this much.

It doesn't change the fact you have no protection. But since you've said you now see the ending in sight I assume the money is already spent and you and your gf have to weight up how far you can push her mum not to damage the relationship. I definitely don't advise you to "just leave it as it is", just to proceed carefully.

princeofpounds

Since this is such close family to OP's girlfriend there has to be element of trust, just can't imagine screwing your own daughter this much

I understand that sentiment, but actually family are some of the most likely people to mess you around, if only because people proceed on a basis of trust and shared understandings that may not turn out as expected.

Furthermore, if the OP splits with his girlfriends (or she with him) then I'm sure all this goes out of the window in an instant.

Spend a bit of time on these boards and you'll quickly realise that many people have problems within families.

Thrugelmir

Geddesi wrote: »

but she is still the owner for now, so rightfully I feel she should be paying for these things. Is this wrong of me?

As the owner she can do what she wants. Perhaps she is beginning to feel that she has done enough for you both, and that the continued financial demands are becoming tiresome. After all the rent you are paying is paying the mortgage off.

davidmcn

princeofpounds wrote: »

Given everything that has gone on, you probably have been building up a beneficial interest in the property. I'm afraid I don't know the Scottish structure for such laws.

G_M wrote: »

I have said several times 'almost zero' because as princeofpounds says, you may have a " a beneficial interest in the property".

I think it unlikely, but possible. Only an expert opinion could provide an answer, and I suspect even then the best a solicitor would offer would be "The courts might agree you have a beneficial interest in the property. But it is uncertain."

We don't have the concept of beneficial interests in Scotland. At best there might be an argument that there was some sort of unwritten contract between the parties, but you can't have an unwritten contract to purchase a property.

princeofpounds

We don't have the concept of beneficial interests in Scotland. At best there might be an argument that there was some sort of unwritten contract between the parties, but you can't have an unwritten contract to purchase a property.

That's really interesting, thanks. Unfortunate for OP I guess, if true.

vian22

thanks... this thread has made me clear about my rights

Pixie5740

This is a very odd situation indeed. I take your future MIL isn't registered as a landlord with the Aberdeen City Council which is a criminal offence.

Could you and your GF get a mortgage now to buy the property from her, that way you'd both jointly own the property and won't be so exposed in continuing to plough money into the flat? The owner could also pay off the mortgage so everyone gets what they want, assuming of course that this woman really does want to essentially give this property away.

That fact that the owner is being so evasive makes me wonder if she is having second thoughts about giving the flat away.