Jump to content


Removing name from house & right of share


aj84
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 303 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

Not sure if this belongs here or another sub-forum - this is on behalf of a close friend so I might act as a go-between to get any further details required.

 

Mortgage remaining: 280k

Valued: Circa £500k

Term left on current mortgage: 12 months

Person 1: Main owner of house but Close to retirement

Person 2: Son of Person 1 and on title + mortgage

Person 3: Another son who pays towards mortgage but no name on house or mortgage

 

Long and short of it is Person 1 has lived in this house for 30 years+, constantly had financial problems and lived pay-cheque to pay-cheque and when the current mortgage term started 4 years ago, she could not get a mortgage on her own.  Person 2 therefore stepped in and put his name on the title and mortgage however has not paid a penny towards it in the 25 years or so he lived there or the 4 years he has had his name on the title + mortgage.  Person 2 also made Person 1 remortgage 10 years ago to take a chunk for his studies - also none of it paid back.

Person 3 on the other hand has paid her way monthly without fail for 18 years.

 

Fast forward to 2021 and the term is due to end, Person 1 knows she cannot get a mortgage on her own due to age/retirement 

Person 3 wants to step in to take over the property altogether (and can afford it)

Person 2 ... I'm sure you can guess where this is going... wants a chunk out of the property.

 

Options are from what I can gather...

1. Sell-up, get the 200k odd from it and put it down as a deposit in a downsized property with any extra Person 3 taking on I suspect as a mortgage

2. Re-mortgage on Person 2 only (not an option)

3. Re-mortgage on Person 3 - an option but only if Person 3 is getting full title

4. Do nothing, probably default and there is no winner here as Person 1 and 2 have a default on their credit, house is repossessed and person 1 is homeless.

 

So questions are...

 

1. Does Person 2 while on title, have any rights to the property in terms of value?

2. On the basis of the above being yes, is there a way Person 1 and/or 3 remove this right on the basis he has only ever been a name and no financial benefit?

3. Are there any other options?

 

This does indeed sound like internal family politics driven by Person 2 greed but this is at no concern to the rest of the family, the primary concern is Person 1 has a roof and does not mind relocating and downsizing especially as they're on their own now

 

Thanks in advance

 

 

 

Link to post
Share on other sites

I would say that there is a constructive trust in favour of person number three and I'm not sure of how it's all done but there is a way of making some unilateral registration of their interest against the property. They want to look into doing that now.

In terms of the entitlement of the "legal" owner – it may be that that person simply is a trustee and has no beneficial interest.

I think this is one for professional legal advice from a land law specialist

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...