Gifted deposit gone wrong

Talileh

My mothers gifted me a substantial deposit to buy a house she currently lives in with me. Our relationship has severely broken down I wish to sell up and move on. This was a standard gifted letter template (was actually from this site). Letter stated my mother has no financial interest in the property.

Long story short my mother is doing everything to prevent the sale of this house. The mortgage and title deeds are in my sole name. There is no declaration of trust attached to the deposit gift. She has instructed solicitors saying she will not vacate. She has requested her deposit + legal fees she paid. I have agreed to pay this so she can buy her own house.

My mother has now made an application for a restriction on the register...can she do this? I have not instructed her solicitor to undertake conveyancing although she has requested this. Any advice welcome. My mother is pretty financially secure so can afford solicitors it's a bit harder for me as a single mother.

Lilla_D

You have a legal question here, so financially difficult as it may be, you'll have to consult solicitors.

Just to say, if you declared your mother as a future occupant when you applied for the mortgage, then she would have had to sign an occupier waiver form. You may wish to read up about this topic, but it may be a start to establish who has what rights.

Nonetheless, yours is not a mortgage question, sorry, so getting yourself a solicitor will be inevitable, if things cannot be resolved amicably.