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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My uncle is going to buy a property for £135,000.00 He is

Resolved Question:

My uncle is going to buy a property for £135,000.00 He is buying this property for me £100,000 gift and the other £35,000 I am paying back at £500.00 per month what are the legalities. He actually owns his own home
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Will the property be in your sole name?

Is all the money coming from your uncle or is any coming from any other lender?

Are you just concerned or is your uncle just concerned about securing his interest in the property?

Will you live in the property with anybody else or alone?

Customer: replied 1 year ago.
My uncle is giving me the whole 135,000 of which 35,000 will be paid back. My partner and I will both be living in the property. There are no major concerns. My uncle wants the property in his name and will leave this property to me in his will and his own property he will leave to my brother.
Expert:  F E Smith replied 1 year ago.

Thank you.

It seems to be not so much that the uncle is buying the property for you but is buying it for himself and going to allow you to live in it until such time as you have paid him £35,000.

If the property is going to be and your uncle’s name, there are two areas of concern.

A claim by your partner if you eventually split up.

You falling out with your uncle or your uncle falling out with you and the property still being in your uncle’s name with you having paid £35,000 to him.

This would be better and it would be safer for all, if the property was in your name with the uncle having a charge in respect of the £35,000. There needs to be a deed of gift and a mortgage deed and agreement which states exactly the terms of the repayment. That way, he could get the property back if you don’t pay him and you get the property in your name when you have paid him.

You and your partner should ideally have a cohabitation agreement to remove the chance that your partner could claim any part of the property at some stage in the future particularly if your partner alleges to have made any contributions or improvements to the property.

There is nothing unusual in what is being done here and any competent conveyancing solicitor could do all the paperwork required.

Can I clarify anything else for you?

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Best wishes.

FES.

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