Co-owned house - causing friction

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  • chesky wrote: »
    It's yet another example of an ill thought out will. It would have been better if mother had been left the house outright, then at least everyone would know where they stand. This way, it's a muddle since no-one is really sure what their rights and responsibilities are.
    It was actually a DOV to my fathers will, I agree a life interest for Mum would have made things clearer, but that's not what was agreed at the time. Hindsight is a wonderful thing!
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    chesky wrote: »
    It's yet another example of an ill thought out will. It would have been better if mother had been left the house outright, then at least everyone would know where they stand. This way, it's a muddle since no-one is really sure what their rights and responsibilities are.

    How many people do you know that would put the interests of their ex (who they are in the process of divorcing) over that of their children?

    How could his will have dealt with rights and responsibilities given he did not own the full property?

    Also, life interest would entitle mum to live there - it wouldn't entitle her to treat the entire property as her own.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I wonder what tax advice was taken at the time.

    Life interest would have mitigated any potential CGT assessment as full PRR would apply for the life tenant.
  • I wonder what tax advice was taken at the time.

    Life interest would have mitigated any potential CGT assessment as full PRR would apply for the life tenant.

    None, it didn’t occur to any of us at the time, we were just dealing with a difficult situation as best we could, it wasn’t something we had any experience in. I understand CGT but not PRR?
  • Detroit
    Detroit Posts: 790 Forumite
    It is reasonable that the OP and her sister would not want poor building work to devalue their asset.

    However, this could be avoided, and would arguably also be fairer, if they took joint financial responsibility with their mother for larger works.

    Leaving aside the family relationships and verbal agreements, the house is co owned, so responsibility for anything other than wear and tear (which should be covered by the resident) would be reasonable to share.

    Just because the mother agreed to pay for everything, doesn't make it fair.

    Putting things onto this footing would give the OP the right to input into who carried out the work. At the moment, as the mother is paying for it in its entirety, it's difficult to argue this point.


    Put your hands up.
  • I’m curious, how many people on here could afford to pay for their own home, and someone else’s (I also have a mortgage with my sister, taken out when she got divorced so that she and her kids had a roof over their heads, it’s all in these threads somewhere). Whether people consider our unique situation fair could be debated forever, it is the agreement we have. I can’t work any harder or support my family more than I do, support comes in many forms, I’ll update with my conversations with the builder tomorrow for those who are interested.
  • Detroit
    Detroit Posts: 790 Forumite
    goochie wrote: »
    I’m curious, how many people on here could afford to pay for their own home, and someone else’s (I also have a mortgage with my sister, taken out when she got divorced so that she and her kids had a roof over their heads, it’s all in these threads somewhere). Whether people consider our unique situation fair could be debated forever, it is the agreement we have. I can’t work any harder or support my family more than I do, support comes in many forms, I’ll update with my conversations with the builder tomorrow for those who are interested.

    If you can't afford to pay and your mother has to take full responsibility you may have to accept her decisions.
    Worst case scenario you inherit a poorly maintained house worth less than it might have been.
    Given you've made no financial investment in the property, that's still a profit.


    Put your hands up.
  • As someone posted earlier, we could have charged rent for our 50% for the past 14 years, which we wouldn’t dream of doing to our mum, but if we had it would have more than covered any money spent on this property and a lot more besides. I am genuinely interested on peoples thoughts on this subject, it doesn’t change anything really but it’s been food for thought.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Detroit wrote: »
    Putting things onto this footing would give the OP the right to input into who carried out the work. At the moment, as the mother is paying for it in its entirety, it's difficult to argue this point.
    Detroit wrote: »
    If you can't afford to pay and your mother has to take full responsibility you may have to accept her decisions.

    Its not difficult to argue the point - its actually incredibly easy to argue. Who is paying for it has no bearing who needs to agree to it. OP, her sister & mum are all owners therefore they need to collectively agree regardless of how the work is being funded.

    As I said, like it or lump it, the OP's mum is not the sole owner. If I were to loan my car to a friend on the understanding that they meet all costs, they can't decide to have alterations made to it or to sell it - because its still mine regardless of who's paying for repairs.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    goochie wrote: »
    None, it didn’t occur to any of us at the time, we were just dealing with a difficult situation as best we could, it wasn’t something we had any experience in. I understand CGT but not PRR?

    What did the will say and what variation did you make?
    Did you take any advice doing that?

    The primary purpose of a DOV is for IHT and CGT mitigation with property a main factor is private residence relief(PRR).
    If the wording on the DOV is not right then it can have no effect.


    I see you own another property with your sister are you sure you understand the implications of that for CGT, IHT and SDLT should any of the properties you own ever get sold and the money used to buy something else?
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