Father places Charging Order on My Property

DRP

It sounds like you need to clarify exactly what's happened.

Presumably a charge will end up (or already) on the property title. Look up and download this on the land registry website (think it costs less than a fiver).

Then you need to take your paperwork to a solicitor (or at least post the wording here, with all the relevant information).

AnotherJoe

Carol1604 wrote: »

I honestly can't see where I've not been consistent.
Legally, the property belongs to me I would have thought. Emotionally things are different. Emotionally the property was bought as a home for my father.
If he wants to consider it his. That's fine. He paid for it.
Legally, it's mine but when I speak to him, I don't think about the legal side so then as far as I'm concerned, its his place. <<

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Well give it to him then ! Jeez.

Does that clarify how I think and view the situation.

Yes, it clarifies that you are highly inconsistent and cannot make your mind up. All this waffling about legally and emotionally (and omitting morally) gets you nowhere.

When you say "i dont think about the legal side" do you not see how plain annoying that is?
You have to think about the legal side. Why else do you think your father put a charge on the property. Is that "emotional" or "legal" ?

Carol1604

Wow. I came to the right place for a telling off. Okay, I'm sorry and agree that this is a legal issue and not an emotional one. I also agree that morally I should say, here you are dad, that's the paper signed and I did consider that I can assure you. Then I think to myself, I did all I could for you and then get treated like this and that's where all the trouble starts. Honest, without outsiders knowing the full story, It can't be appreciated and I understand that.

Anyhow, may I thank all for their input even if it was not what I may have wanted to hear, it was appreciated.

AdrianC

Carol1604 wrote: »

I'm sorry and agree that this is a legal issue and not an emotional one.

It IS an emotional issue - and a legal one - but you need to separate the two.

The emotional side is purely between you and your father. No court can give any opinion on that. No money is involved.

The tangible, legal side is simply whose property it is.
If it's yours, then did he lend you the money to buy it or gift it?
If it's his, then did you lend him the money to maintain it or gift it?
If it's jointly-owned, then in what proportion?

The only hard-and-fast documentary evidence is the Land Registry entry that says you own it. Probably. There might also be a charge against it in favour of him.
£3 will tell you for sure.

I also agree that morally I should say, here you are dad, that's the paper signed and I did consider that I can assure you. Then I think to myself, I did all I could for you and then get treated like this and that's where all the trouble starts.

Yep. There's no easy answers with moral conundrums, and only the person facing it can make the decision.

Which is more valuable to you? The flat or whatever effect it has on the relationship with your father?

Honest, without outsiders knowing the full story, It can't be appreciated and I understand that.

Even if you were to tell us the full story, that would only be one side of the story. You can bet that somebody being told the full story by your father would be being told a very different story.

Where does the truth lie? Nobody can say. You both know what you think is the truth.

Carol1604

Thank you AdrianC

getmore4less

Would not surprise me the court papers went to the flat.

You need to understand what has been done.

Where you go next needs consideration, resolving ownership of the flat would remove one area of conflict.

[Deleted User]

Your father paid for the flat but its in your name. You can easily write to the solicitor, suggest that you be paid the money you put into the flat and then are happy to sign the flat over.

Or you could just see it as a small repayment for the money your father paid for your upbringing during your younger years and sign the flat over. I realise you say you took out loans but that was your choice. And remember that while you were living there, you were able to rent your Town House out (for a year at least). I suspect emotions are getting in the way of an honest assessment of the situation with both of you here.

I realise this has been a bit of a rude awakening from the idyllic 'caring' situation you thought you would be in. But sometimes (if he hasn't been like this before) when they get older, parents can be subject to mood change. I expect he's been through quite a few changes and adjustments himself lately. Its not easy getting older always. Maybe he feels like he's worth less than he used to be, particularly if you had to move in with him.., then you started seeing someone and maybe (wild guess) he was reminded more that he is at the end of his life in comparison and has lost a lot of control over what happens to him physically or financially.

I know how I feel with some health problems I have.., and I'm only 50 lol. When I am in pain, yes I can be quite irritable and intolerant. I try to control it, but don't always. Lots of apologising later and well, feeling not good for having to ask my children, who I am supposed to look after todo something for me rather than me running around after them. Its a bit of a role change.

And breath a sigh of relief because that's one thing you don't need to stress over. You are making things more difficult for yourself than they have to be. Sort it and move on, its the only way to deal with the pain you are currently feeling. What you are doing now just means you are worrying about this possible charge as well as letting the pain niggle at you constantly.

moneyistooshorttomention

Carol1604 wrote: »

My father did not like the kitchen, so I had a new kitchen put in. He did not like the bathroom, so I had a new bathroom put in. He does not know it, but I borrowed the money and am still paying it back. I paid the gas and the electric plus the maintenance charges. He complained about the aluminium windows and wanted me to have them changed. I said, you can do that. He told me, it's your flat. You can pay. I also paid the 10% deposit on the flat.

I think he was unfair on me just because I got involved with someone. He even suggested I went out with this person thinking I never would. Believe me, I was always there for him.

Put like that - then I would take it that you should be able to get back the money that you have spent on that new kitchen/bathroom/windows and your 10% deposit. I'd be inclined to mentally write off the gas/electric/maintenance charges (as you have been receiving rent on your house that you couldnt have had if you had needed it to live in yourself).

So - the question is as to what proof you have of having paid for kitchen/bathroom/windows/deposit imo. Presumably you have receipts for all those things?

moneyistooshorttomention

Carol1604 wrote: »

I've not had anything from the courts but there again some of my post has been lost.

"Lost" post? Really lost - ie Post Office inefficiency or was your father playing dirty and he has stolen it before you received it?

In which case - worth investigating as to whether the Courts could legally assume you had received any post from them if you hadnt signed as receiving it.

xylophone

In your position I would see a solicitor and clarify the ownership of the property.

Legally the property is yours - it is the beneficial ownership which is in doubt and there are no documents to prove what the original agreement was in respect of this matter.

I am very surprised that your father's solicitor did not sort this out at the time.

If it is legally and beneficially your property, then you will be making a gift to your father.

If you are the beneficial owner of 10% of the property, you are making a gift to your father.

When you moved in to the property, presumably it became your PPR - if you wish to sell your town house before all this is resolved there could be tax implications.

There could be IHT implications.

Cleat it up now and avoid grief along the road?