Guarantor turned dictator in mother's property

Edward_Nygma

Hello,
I have a horrible issue just raised its head my brother (lets call him John), had to sign to be a guarantor for a Mortgage to help my mother buy her place back in the 1990's. he's lived there since not paying any rent or bills or anything and they both moved recently. As my mother's health is declining I'm looking at options for her care. I have a nasty suspicion that as he's lived in the house for as long as he has and he is the guarantor, if he pushes her out or (heaven forbid) she dies he has some extra foothold on the property. I am her son too and helping more than he does but if there's no will, will the executors 'take his word' for it that he's shared the bills and what nots – does he have any legal claim on the property? I can gain access to the deeds and paperwork if necessary but how can I put my mind at rest that he does not have more f a claim on the property than me?

My Mother has said that he would not do that but has tangled with him in the past as he has deluded himself that he is the part owner.

All advice ive found is for parent's helping a child, what if the gurantor is the child. For the record i'm a few years younger and was at university when the deeds stuff was going on.

csgohan4

another reason why money and family shouldn't mix. Ensure your mother has a will asap and look at have a power of attorney for finances and health


He is a guarantor not a tenant in common i.e has no share in the property I presume?

hunt85

If she is still ok mentally she needs to do a will right now.

Mojisola

Edward_Nygma wrote: »

I have a horrible issue just raised its head my brother (lets call him John), had to sign to be a guarantor for a Mortgage to help my mother buy her place back in the 1990's.

he's lived there since not paying any rent or bills or anything and they both moved recently.

So has the original house been sold?

Pixie5740

You can check the deeds on the Land Registry for £3. If he's just a guarantor he won't be named on the deeds.

Edward_Nygma

Thanks for responding!
I've spoken to my mother (a few weeks ago) and she insists he's just a guarantor with no rights in that her solicitor advised against it having seen children seize properties in the past and placing the parent in a home.

Unfortunately my brother has been persistent in the past in trying to get my mother to write a will that he has heavily influenced...

If I were to get hold of documents is it the deeds that will highlight exactly if he's named in any way? Sadly mother's mind is not what it was so she's unsure exactly what was agreed with the solicitor. She wants to avoid confrontation (naturally) and has always been one to just let things take their course but i'm terrified what it can do to us as a family at a time when we'll need to come together.

Thanks again.

Edward_Nygma

Yes the original house was sold two years ago. My mother is adamant that though he helped with the sale no monies were added just the leg work which I helped with too. She said he actively tries to get his name on various correspondence.

Thank you!

Mojisola

Edward_Nygma wrote: »

Thanks for responding!
I've spoken to my mother (a few weeks ago) and she insists he's just a guarantor with no rights in that her solicitor advised against it having seen children seize properties in the past and placing the parent in a home.

Sadly mother's mind is not what it was so she's unsure exactly what was agreed with the solicitor. She wants to avoid confrontation (naturally) and has always been one to just let things take their course but i'm terrified what it can do to us as a family at a time when we'll need to come together.

Make an appointment with the firm of solicitors who dealt with the house sale and get them to go over the details with your mother.

If she wants to talk to the solicitor at the same time about making a will, that would be good.

It sounds as if your brother has been getting his inheritance early if he's being living rent and bill free since the 1990s!

Edward_Nygma

That sounds great as looking through documents makes mum queasy. Is it just the deeds to check? If he's not mentioned he cant just seize the property? Sadly he's mentioned a home for her before.

TrickyDicky101

Has your mother got a mortgage for the current property and if so is your brother still a guarantor for that mortgage too?

What he can do (or has done), irrespective of whether or not he is named on the title, is acquire a beneficial interest in the property by virtue of having been guarantor. This does not necessarily mean he is entitled to X% more than you were your mother to die intestate but it will likely mean he has greater rights in the event of her death. Such a beneficial interest would likely exist no matter whether mother wrote a will or not.

silvercar

What he can do (or has done), irrespective of whether or not he is named on the title, is acquire a beneficial interest in the property by virtue of having been guarantor.

Not the role or benefit of being a guarantor at all! In fact most guarantors would not live in the property and not be needed to enact their guarantee. As such they would have no rights to any beneficial interest, why would they?