Charging order on Mum in laws house we have spent money on and live in With her

Keep_pedalling

Comms69 said:

Keep_pedalling said:

Comms69 said:

Keep_pedalling said:

 Comms69 said:

You gifted her £60k, that's all. 

It’s not that simple. Just because OP and her partner failed to formalise the arrangement does not make this a gift, and it should be perfectly possible to rectify this retrospectively by putting their own charge on the house,  but they need to take legal advice on how to go about this. 

If not already in place Ginger and her partner also need to get wills put in place, dying intestate is a major problem for unmarried couples.

Yes we both know that, but the time to formalise it is before the council get involved. The legal fees will more than likely eat up any investment now.

The costs would be nowhere near £60k, we not talking about litigation, just formalising the financial arrangement, which is important not just for care costs, but if there are any other siblings it will get rather messy if their are other siblings. At a minimum they should spend a couple of hundred on initial enquiries about how to proceed. 

The OP and their partner have the proof that they paid for the extension so they have a financial interest in the property. 

The council may well fight it, it's hardly an uncommon claim when inheritances are at risk

True, but the OP would be silly to just sit back and do nothing. 

TBagpuss

Assuming mu has capacity, you could have a declaration of trust drawn up registering your beneficial interest in the property. If she doesn't, speak to a solicitor, you may be able to register a notice agaisnt the hosue flagging up that you have a beneficial interest - presumably if you paid for an extension and gave up a tenancy you have at least some evidence of that. 

In a worst case scenario it might come to a ToLATA claim for your interest in the property - talk t a solicitor about what your current options are, and in the mean time, make sure that the safeguarding team are aware that you and your partner have a beneficial interest in the house. 

AskAsk

as someone has already said, this is for the solicitors.  members on here do not have the legal expertise to help you.  as it is a significant amount of money it will be worth paying a solicitor to advise you of your options.