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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was hoping someone would be able to answer a question

Customer Question

Hello,
I was hoping someone would be able to answer a question for me. I have full ownership of my house which i bought from my mum and was partly gifted about 4 years ago.
I pay the mortgage and she contributes to a couple of bills as she still lives with me and my partner. I came in this evening and out of the blue she asked me to sign a piece of paper with the following:
'To whom it may concern,
Regarding the property of (our address) 51% still belongs to my mother (her name) despite any loans that may be outstanding.'
I was stunned, mortified and offended that she would distrust me. Emotions aside, if i signed this piece of paper to make her feel more secure at home, would this be legally binding? Could she take me to court and receive it back even though i have been paying all this time?
Thank you for your help in advance
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much was the house worth when you purchased it and how much did you pay your mother?What was the original agreement between you about ownership?
Customer: replied 10 months ago.
Hello,The house was worth around £450,000 I already put in £40,000 previously on an extension but received nothing for this a couple of years before. £100,000 mortgage was taken out in both our names (which i only i paid) but the money was given to my mother and the rest of the property share was gifted a few years after that when i remortgaged in just my name. The original agreement was that we would share the house equally. She then decided of her own accord that she wanted to gift the rest in to my name for a couple of reasons; one being that she does not wish for her other daughter to whom we both don't speak with to attempt to take the house from me in court if anything happened to my mum. I would still take care of her as she has been retired for many years.
Customer: replied 10 months ago.
Apologies, just to say the first mortgage was taken out 10 years ago. The rest was gifted in 2012
Expert:  Clare replied 10 months ago.
Hi
Thank you for that - how much is the property worth now and have you any idea what has prompted this?
Clare
Customer: replied 10 months ago.
A guess at £600,000 now, she can be a very much a jerkyl and hyde character. She has calmed down now my partner has just spoken with her. She says she is feeling insecure, which she has no need to be. Nothing between us would have prompted this to my knowledge, i just took her to watch Phantom of the Opera last week and i was the best daughter in the world. Today not so much!
Customer: replied 10 months ago.
*jekyll
Expert:  Clare replied 10 months ago.
Hi
May I ask how old she is?
Clare
Customer: replied 10 months ago.
71
Customer: replied 10 months ago.
hello?
Customer: replied 10 months ago.
Hi Clare,Are you able to let me know when you will be able to get back to me matter?Thanks in advance
Expert:  Clare replied 10 months ago.
Hi
My apologies for the delay - I had connection problems.
It is likely that given her age there may be an ongoing risk of such episodes as her memory begins to fail.
Given that she did indeed gift a substantial part of the property to you - clearly on the understanding that she could live there the rest of her life - then in the event of a court application she MIGHT be successful - although this would assume that she was capable of instructing solicitors to deal with the matter.
As a protection you could have a document drawn up confirming that your mother is entitled to live in the property for so long as she is capable of doing so.
This may give her the reassurance that she is looking for.
Please ask if you need further details
Clare

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