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Advice please

2»

Comments

  • xylophone
    xylophone Posts: 45,975 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Basically when me and my (then) boyfriend got a house together, it was bought by my mum and dad. They put down a deposit for us then I payed them a monthly amount which covered the mortgage fees but the house was always kept in their name

    Your parents bought a house.

    They were the legal owners.

    You lived in the house.

    You transferred money to your father to enable him to pay the mortgage.

    It is water under the bridge now but presumably he/ they did not have consent to let (either to a family member or anybody else).

    In effect, the payment was rent and should have been declared as such.

    Your father died - assuming that your parents were joint tenants it passed to your mother by survivorship.

    You paid off the mortgage with money received from your father.

    You did not buy the property from your mother - the fact that you paid off the mortgage could be seen as a gift from you to your mother!


    Your mother is the sole legal owner and (it seems to me) the sole beneficial owner (unless you are trying to claim that there was in reality a trust whereby your parents were actually owning only as nominees).

    If you were claiming this, then the house could be seen as a marital asset? If you do not make such a claim then as before, your mother is the sole legal and beneficial owner?
  • Prongle
    Prongle Posts: 5 Forumite
    Xylophone....(sorry I don’t know how to ‘tag’ people when replying) ... thank you for your comment ��
  • zagubov
    zagubov Posts: 17,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This sounds really complicated.

    If the OP gave her mum the money as an interest-free loan and placed a charge upon the house, what would the implications be for the OP and the mother?
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
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