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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I helped my parents purchase a property 19 years ago at the

Resolved Question:

I helped my parents purchase a property 19 years ago at the age of 67&68 they were to old and did not have enough income to get a mortgage . The mortgage had all 3 of our names on it. I came off the mortgage in 2003 when my father changed it to an interest only payment. ...moving forward..Last year my father died and now my mother is in need of residential care as she has Alzheimer's ,as the property is to be sold off to pay for her care fees do you think I have any claim to a share of the proceeds as I was the original purchaser?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

I note you were named on the mortgage but did you contribute any of the money to actually finance the purchase?

Kind regards,

Tom
Customer: replied 3 years ago.

The deposit ...which was £4500.00

Expert:  Thomas replied 3 years ago.
Okay.

Did you receive the deposit back?

Was it agreed that after you transferred the property to your parents that you would retain any interest in the equity? eg. percentage or monetary amount..

Kind regards,

Tom
Customer: replied 3 years ago.

Have not received any money for transfer ...The only agreement (informal) we had was that wile they were both alive/and or still living in the property I no interest in it

Expert:  Thomas replied 3 years ago.
Right. I note you indicate that you agreed that whilst they were living you would not have an interest in it.

Was their an agreement that your would be able to claim a percentage of the equity once they were deceased/not living at the property? I mean this in the sense that any such interest MUST be separate to any inheritance you would get from them under a Will/Intestacy..

Tom
Customer: replied 3 years ago.
"Was their an agreement that your would be able to claim a percentage of the equity once they were deceased/not living at the property?"....Yes to this one
Expert:  Thomas replied 3 years ago.
Hi,

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you were to attempt to claim any of the money in the property then you would have to establish that there was an implied trust in your favour. The best way of securing a person’s interests under trust is by executing a Declaration of Trust stating clearly the percentage interest. This could be enforced against the property and so that element of the equity would be protected from the local authority seeking care fees.

The difficulty in your case is that there is nothing in writing and it appears that you were simply named on the mortgage as a way of securing your parents a place to live. This suggests that you acted to your detriment out of love/affection for your parents and not necessarily in return for any equity in the property. Ditto, the transfer to your parents at a later date would also seem to confirm that the arrangement was a paper one only.

If you contributed the deposit and were not paid this back but there was an agreement or understanding that you would get it from the equity in the house after your parents sold it or after they passed away then you have a reasonable chance in claiming this amount. Any amount over this sum is going to be more difficult since it would involve you and your parents now confirming that you all agreed informally that you would have a share of the equity. This will look very suspicious to the local authority and you can expect them to challenge this.

If you wish to secure the deposit you paid or any additional amounts then you really need to see a local solicitor about attempting to establish the trust arrangement and then making the local authority aware in the hope that they will accept the position.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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