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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Good afternoon. I am trying to assist my mother with the right

Resolved Question:

Good afternoon. I am trying to assist my mother with the right to buy of her council house. I have applied to the council and have been informed my name will not appear on the transfer paperwork as I have not lived in the property. Would we be able to set up legal paperwork which would reflect my input into the ownership of the property (I will be putting in around 2/3rds of the purchase price) or would it all remain in my mothers name until the 5 year no sale clause is complete.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Under the Right to Buy legislation, the Deeds to the property will have to be in your Mother's name alone, and if the Deeds were transferred into your joint names during the discount period, then this would trigger off the need to repay part/all of the discount depending on when the Deeds were transferred.

What normally therefore happens is that a separate Declaration of Trust is drawn up and which is signed by you and your Mother confirming that she holds 2/3 of the property on trust for you. To protect your financial interest in the property, a Restriction can then be registered on the Deeds, which will basically prevent your Mother from selling the property without your consent. Your Mother's Conveyancing Solicitor will be able to help with all the above.

I hope this assists you and answers your question.

Kind Regards

AL

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