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Jul, 2014

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  1. #1

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

    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

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

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    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?
    Last edited by jeffrey; 14-08-2007 at 21:34 PM. Reason: Original para. 1 deleted as thread now in Conv. Forum
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3
    Join Date
    Jan 2007
    Posts
    2,225

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    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
    Last edited by TaxationPete; 04-07-2007 at 13:10 PM. Reason: Typo

  4. #4

    Default

    Quote Originally Posted by jeffrey View Post
    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

  5. #5
    Join Date
    Jan 2005
    Posts
    4,997

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    Quote Originally Posted by Anna View Post
    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)?

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

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    Quote Originally Posted by Anna View Post
    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.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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