My daughter owns my flat- what's my legal status?

[Anna]

Hi,
I'm a newbie and hope that someone can help in what is quite a compicated situation.

I live in a house my daughter purchased. She paid the deposit and took out a mortgage which I pay. Between us we have paid out approx. £10000 on upgrading the property.

For tax purposes she transferred the property to my son in law but there is a legal agreement that the property cannot be sold without the permission of all three parties. There is also no tenancy agreement.

Last year they were divorced and he agreed to a settlement and to transfer the property back to her. He renaged on both. He has gone ahead with a Buy To Let mortgage and demands that I pay £120 more per month plus the buildings insurance.

The reason behind it all is control....of her....through me so I need to know my rights.

Any advice please

Thanks

Anna

[jeffrey]

1. Your daughter should go back to Court and enforce Settlement.
2. "Legal agreement": is this protected by any registration at HMLR? It should be- that would have prevented remortgage.
3. How could he do a BTL mortgage when the property is not subject to a written AST?

[TaxationPete]

I was going to respond with a 'Benefical Ownership Declaration' but that was squashed when I read that your daugther transfered the ownership to her then Husband.
If this is the case 'Last year they were divorced and he agreed to a settlement and to transfer the property back to her. He renaged on both' and this was formalised of agreed infront of a solicitor or a court then this is your only real lever as he has 'renaged'. Address this with the divorce lawyer that dealt with it. Regards Peter

[Anna]

1. Not really a Residential Property (= lettings) thread. It would have been better in Conv. Forum.
2. Your daughter should go back to Court and enforce Settlement.
3. "Legal agreement": is this protected by any registration at HMLR? It should be- that would have prevented remortgage.
4. How could he do a BTL mortgage when the property is not subject to a written AST?

Thanks for your reply.

The Legal Agreement is not protected by registration at HMLR. Why I don't know but I assume because at the time they were still together. He simply walked out one day.

Re the BTL mortgage. Haven't a clue.Unfortunately he is none too bright and possibly assumes that completing the forms made the deal done. There has been no survey.


Cheers Anna

[Ericthelobster]

Re the BTL mortgage. Haven't a clue.Unfortunately he is none too bright and possibly assumes that completing the forms made the deal done. There has been no survey.

So presumably the situation is that he's applied for a BTL mortgage, not that he has obtained one (sounds unlikely that it will go through)?

[jeffrey]

Thanks for your reply.

The Legal Agreement is not protected by registration at HMLR. Why I don't know but I assume because at the time they were still together. He simply walked out one day.

Re the BTL mortgage. Haven't a clue.Unfortunately he is none too bright and possibly assumes that completing the forms made the deal done. There has been no survey.


Cheers Anna

In your own interests, the Agreement should be formally protected. It's no good stipulating that three people have to agree before any dealing occurs, if the non-registration means that your right to object is illusory.