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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have been paying £30 per month on my mothers mortgage since

Resolved Question:

i have been paying £30 per month on my mothers mortgage since 1991 which equates to 23 % of her total mortgage payment over that peroiod ,please calrify my leagal postion on this please ?
is it an advancement ?
is it a goodwill tranaction ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the agreement between you and your mother regarding the payment?
Were you living in the property?
Clare
Customer: replied 2 years ago.

no i was living in gloucester were i currently live, the payment of £30 was 50 % 0f the difference of the rent ex council house and their first ever mortgage ,without the commitment of money from their two children , no mortgage ,house purchased for £23.000 now worth £250,000, my sister as never paid her share ,which i have done monthly by direct debit ,todate.

Expert:  Clare replied 2 years ago.
Hi
Is your mother still alive?
How much was the mortgage and how much is still outstanding?
Is this an argument about inheritance?
Clare
Customer: replied 2 years ago.

my mother is still alive i have just refinanced my home to purchsase mothers and i applied my legal postion of the 23 % discount on the equity of the capital , this was agreed by mothers solictor with my mother on wednesday last ,my sister had to agree it with my mothers solictor before the trancation,would go through she agreed because of the tight deadline on friday for an exchange of contracts ,i advised my solictor to discuss the 23 % figure with mothers solicitor who had said to my sister he deemed it a goodwill tranaction between me and my mother similar to his own arrangement with his mother , i don't beieve he would have used this term , he may have used the term advancement ref my socitor , my mother had previously discussed my £30 per month with another solicitor 6 years ago to cover the possible authority charge on the house if my sick father outlived my mother my father died in dec 2012 having been in a care home for 6 years , she paid £450 for advice tying my £30 to her mortgage so that if she did die she went to her grave knowing my contribution helped her for all those years and she is now helping me, sadly this solictor has been off work with a back problem for 4 weeks hence the confusion all round.

Expert:  Clare replied 2 years ago.
Hi
For clarity.
You are in the process of purchasing your mothers' property subject to a 23% discount due to the contribution you have made to the mortgage - and your sister is raising an issue.
Is that correct?
Clare
Customer: replied 2 years ago.

yes correct my sister is concerned that by applying my approved legal status, that my mother will have insufficient funds to cover her new outgoings , my budget for her shows a surplus of approx £100 per month ,my sister says she was not aware of the nett result of not paying her share of the mortgage difference , my solicitor says that she defaulted on her verbal agreement with my mother ,mothers solictor's needed a yes or a no to proceed ,she said yes reluctantly ,but my mother for the second time in 6 years confirm to a legal person that my £30 contribution was key to the mortgage being taken out over the rent ,there was a £58 difference start up divided by two = £30 ,without it no house value of £250 k of today 23 years on.

Expert:  Clare replied 2 years ago.
Hi
Where is you mother moving to?
Clare
Customer: replied 2 years ago.

my mother is moving to a warden controlled property amongst 58 other units in fleet hampshire

Expert:  Clare replied 2 years ago.
Hi
I have no doubt that the payments that you have made gave you an interest in the property - and that clearly both you and your mother wanted this
In any event the Trusts of Land and Appointment of Trustees Act means that you could make such a claim and it is likely to be successful
The same option was open to your sister and she chose not to take it up - which is no doubt behind her current options.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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