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Staving off a potential family dispute

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Comments

  • ashe
    ashe Posts: 1,551 Forumite
    First Post Name Dropper Photogenic First Anniversary
    You said this is cultural, isn!!!8217;t this normally done because you will be taking care of your parents in lieu of putting them into care? They!!!8217;ll live with you, not your sister, in the house you live in which is their contribution to you for that forthcoming care.

    You need to contextualise that with your parents as from the soundness of it she won!!!8217;t be able to provide that care
  • jackomdj
    jackomdj Posts: 3,073 Forumite
    First Anniversary First Post
    So you were gifted £95k.

    do your parents pay rent to you? Who pays for repairs etc?

    Assuming they don't pay rent I would agree to taking the £95k, less a calculated rent value (over the length your parents reside in the property since your ownership), then split that by 50%, but only payable once your parents are no longer in the property.

    It sounds like she wants her "cut" of your inheritance, although you have had it, you are tied in until they are no longer living at the property as you can't access it.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 8 April 2018 at 6:09AM
    Mojisola wrote: »
    So she didn't want to help your parents out when they needed it, now has her own home and is willing to put your home at risk while your wife is expecting your first child? Nice. :(

    I would be very wary of giving her anything now.

    If your parents needed care, they may be assessed as still having the amount that they gifted you and you would need to find the money to pay for their care.

    I think that is a slant that doesn't belong on this. Maybe sister had very good reasons not to help at the time - eg couldnt afford it. The fact OP is due to have a child isnt anyone else's concern (hers or anyone else) and isnt a "get out of jail free card".

    I very much doubt money given so long ago would be taken into account if assessing parental care and, anyway, OP said he has no intention of them going into care. A lot of people don't ever need "care" anyway. Obviously, it is fair to say that IF OP's parents ever actually do need some sort of "care" whilst staying put living in this house - then sister is equally liable to help out with that. But I guess the question of that hasnt arisen - as "care" is something only some people require (not all of us).

    Maybe part of the reason why father wants to make the gift fairly shared now is in case he/his wife ever require any sort of "care in the home" and he wants to know sister won't be too p**d-off at financial unfairness to help with this.
  • warby68
    warby68 Posts: 3,020 Forumite
    Name Dropper First Post First Anniversary
    edited 8 April 2018 at 10:57AM
    OP, what a tricky position.

    It doesn't sound as if sister has any legal challenge to the situation. The house was never hers and she never unfairly lost any right to occupy it. If you put the situation back to what it was when you took over, everyone might have been homeless if you hadn't.

    Your dad sounds either confused and/or rather selfish, trying to get himself out of a bind with daughter by making it your problem. It seems like he still views this as a family asset which he still owns/controls and all the legal stuff about putting it in your name was just necessary 'paperwork' to sort the mortgage out and he can ignore all that. It could well be that he has encouraged sister in that view but now she's 'seen the light' and realizes you do actually legally and fully own it, she's furious.

    I know you want family harmony and peace and maybe feel you got a bit more than your rightful share but to be honest what you took on plus your inherent commitment to house and care indefinitely for parents, who can't do this for themselves, is very significant.

    I think I'd want to put the onus on dad to understand and explain to sister the reality. Perhaps you could do something so that dad could build a smaller pot to eventually leave to daughter - perhaps you could refund a portion of what he's paid on bills or some of the original gifted when you remortgage or perhaps take less off him towards expenses going forward so he can save something up. I think it needs to remain something for dad to put right with daughter and if you want to help him in some way, fair enough. I don't think it should be you giving a huge chunk straight to her.

    PS Make sure everyone has wills made
  • Sea_Shell
    Sea_Shell Posts: 9,365 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Can I just add...after reading another unrelated thread about marriage. We don't know which culture you're from, but on another thread a couple were "Married" in the eyes of their family and culture, but it was not valid under UK law. This would have a huge bearing on what would happen if you died intestate.

    Either way, you need to make sure you have watertight wills ASAP, to protect your wife and future children.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • Detroit
    Detroit Posts: 790 Forumite
    Agreed. Not that I would ever stick him or either of them in a home but any kind of care costs money. I understand he wants to now look out for his daughter but I am hurt its at the detriment to his other child especially with me ensuring the house stays with us, all of us for the last ten years.

    I am also hurt that my sister has brought this issue up now of all times. Even if it was six months down the line would have been better. My wife is pregnant and is now beside herself with worry. Am trying to tell her not to worry but its easier said than done. Even if sis has no legal rights, its still a potentially rubbish atmoshphere. I would like to think there are similar things happening in other households because I feel rather embarassed about it all

    In your position, I wouldn't feel hurt. You have after all been given £95k by your father, while your sister has been given nothing.

    While I take your point that by paying the mortgage you have retained the house for your family to live in, as this resulted in you owning the house with a large gifted deposit, it's not a purely altruistic act on your part.

    You could, for example, have given your father the money to pay his mortgage and he kept ownership of the house if your only motive was to help him.

    I'm not saying you should have done this, just that you shouldn't get too caught up in the idea of your own selflessness, when you have clearly benefited from the arrangement.

    In legal terms, you need give your sister nothing, but if you want to stave of a family feud, it may be helpful to see this from the perspective of the others involved.

    Your father has given you £95k and your sister nothing. He now regrets that. Your sister has belatedly realised you've had something she hasn't. Neither are happy. You are well within your rights to say 'tough', and they stay unhappy.

    However, if you want to make them happy you could make arrangements to pay your sister something.

    What will not help is to try to convince them you have the moral high ground because of your help to your father, when in fact the arrangement clearly benefited you.


    Put your hands up.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    Detroit wrote: »
    You have after all been given £95k by your father, while your sister has been given nothing.

    What will not help is to try to convince them you have the moral high ground because of your help to your father, when in fact the arrangement clearly benefited you.

    And also benefited the parents who have had ten years of rent-free living so far.
  • Detroit
    Detroit Posts: 790 Forumite
    Mojisola wrote: »
    And also benefited the parents who have had ten years of rent-free living so far.

    They have paid £95k for the privilege.

    However, I would agree the arrangement between OP and his father was of mutual benefit.


    Put your hands up.
  • Mossfarr
    Mossfarr Posts: 530 Forumite
    First Anniversary Combo Breaker Hung up my suit!
    You do not need to swap to a repayment mortgage you can simply overpay each month (usually) up to a maximum of 10% of the outstanding mortgage over the year. Any amount you overpay will reduce the capital so well worth doing. You can change to a repayment mortgage in the future when your in a better financial position.
    This also leaves you with the flexibility of just paying the interest for a period of time if your income temporarily drops - such as a period of maternity leave.
    In my view your sister is not entitled to anything and no matter what you offer her she will not be satisfied.
  • Sea_Shell
    Sea_Shell Posts: 9,365 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Hi OP, how's it going? Have you had a chance to sit down with Father ,Sister, Wife and discuss everything?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
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