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House Inheritance, Am I Entitled to Anything?

24

Comments

  • xylophone
    xylophone Posts: 45,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your sister does not live in the property but took out a mortgage on it with a gifted deposit from your mother?

    Was the mortgage company aware of the gifted deposit and that a relative would be living in the property?

    Your sister has never paid any of the mortgage?

    In effect, your mother has paid for/is paying for the house so is making a gift of it to your sister?

    She cannot leave it in her will because she doesn't own it, your sister does?
  • Salemicus
    Salemicus Posts: 343 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    AdrianC wrote: »
    You're getting confused with failed relationships where people have been living together.

    In this case, the mother is a tenant in her daughter's BtL property. No more, no less. It just happens that her rent is the same as the mortgage payments, and her tenancy is implied. Oh, and the mortgage lender are almost certainly unaware of the tenancy, so the borrower is in breach of their contract...

    Very unlikely a court would look at it that way. Much more likely they will conclude that, by paying the mortgage, the mother has acquired an equitable interest in the property. Remember also that the mother transferred the deposit money to the daughter for the purpose of effecting the purchase. The whole situation screams "implied trust."

    But, implied is bad. What if there is a falling out? I agree with posters above that, in the mother's interests, things should be formalised and put in writing.

    I also agree that the daughter posting here isn't "entitled" to anything. What a word.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Another post why money and family do not mix. It will not end well when there is conflict. Even though it's family, money matters more eventually.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    AdrianC wrote: »
    You're getting confused with failed relationships where people have been living together.

    In this case, the mother is a tenant in her daughter's BtL property. No more, no less. It just happens that her rent is the same as the mortgage payments, and her tenancy is implied. Oh, and the mortgage lender are almost certainly unaware of the tenancy, so the borrower is in breach of their contract...
    It also had tax implications. If it's a BTL and sister not living there she had to declare rental income. If she's living there then she can rent a room to her mother.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Dird
    Dird Posts: 2,703 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    AdrianC wrote: »
    You're getting confused with failed relationships where people have been living together.

    But to what extent does it go from renting to relationship? If I rented out a bedroom then got drunk one night & tapped that (but not again since) would she be able to claim entitlement for the money contributed up to then?
    Mortgage (Nov 15): £79,950 | Mortgage (May 19): £71,754 | Mortgage (Sep 22): £0
    Cashback sites: £900 | £30k in 2016: £30,300 (101%)
  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Cashback Cashier
    I hope the mother reads this. She isn't even dead and the daughter is sniffing the reddies
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I hope the mother reads this. She isn't even dead and the daughter is sniffing the reddies

    I think the op is a man
  • Dird
    Dird Posts: 2,703 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    ognum wrote: »
    I think the op is a man

    I did too. The first post screamed salty guy to me
    Mortgage (Nov 15): £79,950 | Mortgage (May 19): £71,754 | Mortgage (Sep 22): £0
    Cashback sites: £900 | £30k in 2016: £30,300 (101%)
  • xylophone
    xylophone Posts: 45,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is the daughter insuring the property?

    Is she paying the Council Tax or is her mother?
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    xylophone wrote: »

    Is she paying the Council Tax or is her mother?
    Immaterial, the resident comes top of the list in any situation (except HMO)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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