Father places Charging Order on My Property

silvercar

silvercar wrote: »

Do you have siblings?

Carol1604 wrote: »

I have a son silvercar

Does that mean you don't have siblings? Only asking because having a sibling has inheritance implications. Whereas, as an only child, you will get it all eventually.

FBaby

Is the three bedroom house you are currently renting yours following divorce settlement? The way it comes across, I’m sorry, is that you had an arrangement that would provide care to your frail/disabled father who needed someone to care for him. You agreed to it and on this basis, your father decided that the house might as well be put under your name as that would become your inheritance anyway (maybe he had other financial reasons for it too). Then you started to see someone and the care your father required dwindled as you spent time with your boyfriend. Did this include leaving him to look after your boy? A lot of assumptions here, but it would explain why your father has done such a turn around and now seem hell bend to make life difficult for you.

What I don’t understand is what on which basis he managed to get a charging order. To do so, he would have had to evidence that you owed him money. So either he has loaned you money and he has claimed it back this way, or he has somehow managed to convince a judge that the house was paid by him as a loan, and the charging order is the value of that. Not sure what evidence he would have put forward to support this though, which leads to me to believe there is more to it than what has been said here. Be aware that the next stage could be to go back to court to force the sale of the flat to get his money back (and then buy his own place with his own name on the deeds).

Brock_and_Roll

silvercar wrote: »

Does that mean you don't have siblings? Only asking because having a sibling has inheritance implications. Whereas, as an only child, you will get it all eventually.

Given the OP's posts about the relationship with the father I don't think we can take that as a given if the relationship has deteriorated that far.

Muscle750

First thing that springs to my mind is has he made a will? If so who are the beneficeries etc, When anything happens to him if you are named you will get something along with anyone else named .If however he decides to leave it to charity etc you can contest it. He needs to be careful because if the house in your name and hes made a will will more than one named etc you could find more trouble and legal costs. Either way it doesnt sound a nice situation to be in

DRP

xylophone wrote: »

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?

It is certainly time for grown-up decisions (after advice) and grown-up conversations.

warby68

At some point OP changed 'I have a sister' to 'I have a son'

Odd

Can't see any advice other than you NEED a solicitor working here as there just isn't enough concrete detail to go on.

DRP

warby68 wrote: »

At some point OP changed 'I have a sister' to 'I have a son'

Odd

Can't see any advice other than you NEED a solicitor working here as there just isn't enough concrete detail to go on.

I thought I 'd imagined that...

Jhoney_2

ViolaLass wrote: »

Because you haven't been consistent about what you've said.

I haven't read to the end yet, but post 24 reads consistent to me.

It sounds as if this casual arrangement was undertaken by both parties without thinking through the consequences e.g it's our home.

That's para 1

Cue friend on scene, father throws rattle out of his pram and suddenly ownership comes up. Get out of my flat, give me back the ownership of my flat etc.

Para 2

Carol1604

In answer to a question earlier. Yes, I have a sister and also a son. My son is in his 30's with his own family. My sister has been following this also and as my father refuses to speak with me, apart from saying to get a solicitor, sister asked my father what is going on. He said he told me there was a charging order placed on the property but now it seems that a Notice - Application to register a restriction against the land is what it was as he has the letter addressed to me at the flat he's in and not passed it on to me. I think the form is B136. This is not the same form number as I rceived later. Father says that no man friend of mine is going to benefit from his hard work and that's why he did this. Apart from that, I believe that nothing else was said to my

Hoploz

That makes more sense. It's not that he is such a horrible grumpy old man who doesn't want you to be happy, it's because he doesn't want to hand over half of the property to someone else in the case of a divorce later. I can understand that, although it's a case of repenting at leisure as he realises its a real possibility.