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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please help, this is a really convoluted one.... I was un-mortgageable

Customer Question

Please help, this is a really convoluted one....
I was un-mortgageable so my mother bought my house under a buy to let scheme with the premise that after 8 years i would be able to get one. It was paid as part of my wages through the recently aquired family business. My sister lived with my mother and she got no rent or fees for living there, to include meals out etc. My father who worked offshore knew of this verbal contract. My mother informed me that the buy to let was coming to an end and instructed me to seek a mortgage deal, unfortunately she passed away before i could do this. The title deeds now are with my dad, the mortgage ended and he paid the balance, approx one third of property valuation. He is unwilling to let me get a mortgage to pay him back for what he cleared of aforementioned balance. My sister and my auntie (my mums sister) were all aware of this verbal agreement, where do i stand? can i take him to court to force him to accept the balance on my property that he paid off plus interest?
please help, this is tearing our family apart, many thanks in advance.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The problem you have here is that a verbal contract in connection with the acquisition of a house is unenforceable under the law of Scotland. It must be in writing.
I'm not quite following your narrative about your sister living with your mother. Who lived in the house that your mother purchased?
I take it your father inherits the house from your mothers estate? Was there a will?
Can you explain things a little more? I will try to assist you further but I can't promise there will be a remedy for you here.
Customer: replied 2 years ago.
thank you.
it was my mothers intention to sign over the house in my name before the buy to let finalised, once i obtained a mortgage. my sister lived in my mother and fathers house and was exposed to all that happened financially, amongst other things. since my mother passed away my father has deleted/destroyed documents detailing my agreement with my mum regards ***** ***** it was me who lived in the house my mother purchased, a flat beforehand that made a profit upon selling which was put into the house in question. the will dictates that under scots law my sister and i inherit one third to be split equally between us. my mothers intent was made available to her sister (my auntie), my own sister and my father which he refutes. please, where do i stand legally?
Expert:  JGM replied 2 years ago.
You can't force your father to sell you the house. What you may have to do is make a claim on your mother's estate for your losses.
Can you explain in more detail what monies you paid, to whom and in what manner? Be in no doubt however I think you have a problem here because of the stance your father has taken and the lack of paperwork.
Customer: replied 2 years ago.
thanks again,
it was agreed that £250 per month was paid towards my house as part of my wages. this was paid personally by my mother as my sister lived with her rent free and all expenses paid, eating out, etc. The £250 was paid to the mortgage company, whilst the interst on the loan was low, it meant that the capital was getting paid off. My Grandma passed away and the inheritance from her i agreed with my mum to put into my mortgage, my Sister got the same amount financially. Also whenever there was money distributed amongst my cousin, sister and i, it went into the mortgage account. I have no access to the payment paperwork as this lies with my father. please advise, thank you in advance.
Expert:  JGM replied 2 years ago.
Do you mean it was your share that went to the mortgage account, not your cousin and your sisters money I take it.
I am wondering if we could argue that there was a "partnership at will" between you and your mother and that you could sue your mother's estate on that basis. Let me think about it.
Who is your mother's executor?