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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11418
Experience:  I have been practising for 30 years.
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My sister helped her daughter and partner to extend their

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My sister helped her daughter and partner to extend their property by contributing £30,000 to them. She took no formal charge at the time but there is evidence of the money being transferred and being spent on building work. The partner has now walked out (the property is in joint names as is the mortgage) is there any way she can protect her interest if the property was eventually sold
Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No nothing. She just transferred the money to her daughters account
Assistant: Where is the property located?
Customer: In bristol
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Nothing but i can answer most questions if required

Good afternoon. I will assist with your question but need more info - also this is an emails service and therefore maybe delayed in replying.

was there anything in writing about this money?

how long were they together?

who is paying the mortgage?

Customer: replied 5 days ago.
Only the bank transfer. They have been together approx 18 yrs and owned the house for 13 yrs jointly with a joint mortgage. They paid the mortgage equally until approximately 4 years ago when daughter left work to bring up children

Provided she can prove (which you say she can) that she has a financial interest in the property, she can put a restriction against it which will prevent it being sold or remortgaged without her knowing that it is being done.

Don’t be at all surprised if the exiting partner alleges that the gift from the mother-in-law (for want of a better phrase) was a gift to them both. It’s very common.

If the daughter has children under 18, then she would be able to hang onto the house in all probability until the youngest reaches 18 but she would be responsible for the bills or the mortgage on her own meanwhile.

If he has left, he is not responsible for the mortgage or the bills of a house that he does not live in although he remains liable to the mortgage lender if the daughter stays in the property and she doesn’t pay.

Regardless of what each put in, the proceeds are split 50-50 if there is no agreement to the contrary as to what would happen when they eventually split.. There is already case law on that.

Kernott v Jones.

There are about 40 different forms of restriction and a solicitor would probably not charge more than a couple of hundred quid for doing it so unless he actually has experience of placing restrictions against properties and in view of the amount of money at stake here, it might be worthwhile visiting the high street solicitor.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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