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Property with mum

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  • Property with mum

    Hi everyone,

    Need some advice with an issue driving me crazy. Bought a house with my mum, a property I did want her to have as her final home. I got married and we all live together in the property, I pay the mortgage and my mum put down the deposit. Nothing but conflict and we want to move out. Recently I agreed to her terms surrounding shares of the house weíd get if we sold. In my haste to be civil and to proceed with selling the house. I agreed with a statement stipulating how I bought as her home for life and how sheíd struggle to get a mortgage after (basically the truth up until we bought the house). But what are my rights now, I no longer want to live in the property, my mum is now telling me that she wants to stay. The conflict in the house is not good, I want to leave with money I put into the house. (She canít afford to buy me out and I canít buy her out). Please Help!!
    Tags: None

  • #2
    Then you may have to sell the house, divvy up the money, and move on.

    You can apply to court to order a sale under the Trusts of Land and Appointment of Trustees Act 1996.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you, Iím

      Comment


      • #4
        Thank you for the response. But can I be held to my initial intention of purchasing the house as a last home for my mum (it also stated that I wanted to buy it to get on the market). How long will it take roughly to resolve through courts and would they rule against the sale?

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        • #5
          See a solicitor. This is far from clear cut, and there is clearly a lot of detail to be examined.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            There is possibly another way that may let your mother continue living in the house.
            Your mother might be able to get a lifetime mortgage. The mortgage and interest is not paid off monthly but the interest is added to the sum borrowed and the lender is paid back in full when the property is sold. The company will not own the property and many companies offer a negative equity guarantee
            There is a chance that your mother can initially borrow sufficient money to pay you so you can pay off the remaining mortgage you have on the property with money left over to cover what you have already paid in mortgage payments
            Much depends on how much your mother is allowed to borrow

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            • #7
              Thanks for the suggestion, our relationship has completely broken down. And I want to fairly resolve our dispute, I shouldnít have to be held to a decision I made when I was younger. And yh Iíll think Iíll speak to a solicitor first and proceed from there. Thanks for the advice

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