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Buying my brother out.

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 8 January 2019 at 12:08AM
    Time to start baking!
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Which one of you has been collecting the rent from your mother and declaring it as income to HMRC?
  • Slithery wrote: »
    Which one of you has been collecting the rent from your mother and declaring it as income to HMRC?

    I think I can guess.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Carl2510 wrote: »
    I guess I just assumed I had to since he’s on the deed.

    You said
    We have a Deed if trust, basically I get my full deposit in the sale of the house and we then split 50/50 with what’s left.
    so I'll ask again, are you looking to renege on the agreement ?
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    sadly another thread why family and money shouldn't mix
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • saajan_12
    saajan_12 Posts: 5,083 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Carl2510 wrote: »
    We have a Deed if trust, basically I get my full deposit in the sale of the house and we then split 50/50 with what’s left.
    Please answer
    - amount of deposit
    - purchase price
    - current property value
    - current mortgage balance outstanding

    Per your Deed of Trust, brother should get
    50% x (Current value - Current mortgage balance - your orig deposit)

    Effectively, brother tying up his loan affordability entitles him to half of any house value increase
    Carl2510 wrote: »
    It’s me and my brother on the mortgage but we let my mother stay with us. And she pays the mortgage as she wants to help out. And then me and my brother just pay rest of the bills.

    Do you and brother live there with mother? Two possible interpretations:
    1) Mother was your lodger, paying rent = mortgage. Have you been paying income tax on any rent above £7.5k p.a.? The rent income was paid to OP and brother jointly, who each paid off half the mortgage with it.. so its 'fair' that brother gets 50% of any increased equity due to paying down the mortgage.

    2) Mother was part of the household, paying the mortgage and build up a beneficial interest in the equity, in the amount of mortgage balance reduced by her ie original mortgage - current mortgage. You and brother would have to pay this amount to her out of each of your shares.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your brother is 'entitled' to 50% after deposit, as per your contract. If you think he should get less, then you can negotiate it with him. And he, of course, can tell you to go forth and multiply.
    Your mum owns no part of the property and is either a guest or a lodger, with no right to occupy or receive notice to quit.
    No free lunch, and no free laptop ;)
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