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*TOXIC MUM* Do I take her to court?

63 replies

LIZ1017 · 05/09/2024 09:29

Very long one so please bare with me...
I bought a house with my mum when I was 18 (10 years ago). House was 150,000 and have paid the mortgage since. Mum moved house to a £300,000 house after receiving some money from a family member. We transferred the mortgage and have paid £300 a month for 10 years towards the houses.
Fast forward 10yrs, I met my lovely husband 9 years ago and we have 2 children 5 and 2. We are currently renting but finding it hard to save as we are paying for mum's mortgage. ( I have never lived in these houses). Ne and my husband are now looking to buy a house and (as my mum promised whilst growing up) I have asked for 30,000 for a deposit. This is what I have put into the house over the years. I'm not asking for a penny more.
However she has now told me she has used what she had in savings (20,000) to pay the rest of the mortgage off leaving 16,000 now left on our mortgage. And that she doesn't have the money to give me. My mum owns 4 house, rents 3 out, has a well paid job and holidays 3-4 times a year. We on the other hand are literally drowning.
I have asked her to remortgage the house and take my name from it and she has refused as she states she will then have to give me 125,000 and she's not doing that.
Where does this leave me? Would I be unreasonable to get a solicitor involved?

OP posts:
New posts on this thread. Refresh page
Uptightmum · 11/09/2024 13:58

LIZ1017 · 05/09/2024 10:08

Answers too a few questions, we are both on the mortgage.
I can't live in one of her rented houses as I live 2 hours away due to work.
She can sell these house but doesn't want to.
I want my name off the mortgage so it doesn't affect my future mortgage application with my husband. I'm the bank said I can't get a second mortgage while on this one😊

You mum doesn’t have to give you all the equity you are entitled too. You can settle on an amount so if you are happy with £30k then you can take that.

some banks will allow 2nd residential mortgages (I am a broker) but you have to be able to prove that you can afford to run the 2 houses and you would have to pay 2nd property stamp duty. I would seek legal advice though

NoThanksymm · 09/09/2024 16:54

get The law involved and get your 150k (or more!!) whatever you are legally entitled to.

Babydaddy1978 · 09/09/2024 13:33

Disastrouspottytraining · 07/09/2024 11:44

Well done, and good luck, OP! I can't believe your mum has been renting out properties whilst you have been paying half her mortgage and renting yourself. I hope your solicitor can find a way through for you and you can cut all financial ties. As pp have said, I think you are owed a lot more than £30k, which even after capital gains tax, should leave you a nice amount for a deposit on a place of your own.

not sure there will be any CGT as this is not an investment property? Its also not her primary residence so worth OP checking with a tax accountant

VWT5 · 09/09/2024 12:54

So your mother has been taking income from the other rental properties - whilst letting you pay part of her mortgage, and meanwhile you are in a rental property…

Before going the legal route - is there another senior trusted family member or other trusted person who could speak to her as an intermediary - so she sees how unreasonable all of this is?

FckTheSchGateHuns · 09/09/2024 12:42

She's taking the p*ss. Go legal, force a sale and take half the value not just what you put in... that's not how investments work.

TinyFlamingo · 09/09/2024 09:06

You're owned half the value of the property, not just you mortgage payments, which there is an argument to also get proportionate interest on the investment which may be more or less depending on what (if any paperwork you have deed of trust etc).
She also owes you market rate on her half of the rent.
I'd make her aware of both these things, with values. It'll make the 40k you need now, more context, however she is not trustworthy.
Get what you're owed and sell. She can move in to one of her 3 OTHER properties.
She wants you to ckmtjnyto fund her 4 holidays s year, whole you're whole family struggle.
Get legal advice ASAP!

Blueblell · 07/09/2024 11:57

Get proper legal advice - you are owed more than £30k by the sounds of things and your Mum should know that and want you to have what you are owed so that you can get your own house!

Disastrouspottytraining · 07/09/2024 11:44

LIZ1017 · 06/09/2024 23:49

Thank you all so much for your help!! It is greatly appreciated. I have now been in touch with a solicitor and hope to begin a long journey ahead of finally owning my own home!
Honestly can't thank you all enough!!

Well done, and good luck, OP! I can't believe your mum has been renting out properties whilst you have been paying half her mortgage and renting yourself. I hope your solicitor can find a way through for you and you can cut all financial ties. As pp have said, I think you are owed a lot more than £30k, which even after capital gains tax, should leave you a nice amount for a deposit on a place of your own.

KTheGrey · 07/09/2024 11:35

Well done, OP. It will take ages but that is ok. You just hold your nerve and think about what is best for you, because nobody else knows that.

heldinadream · 07/09/2024 07:28

LIZ1017 · 06/09/2024 23:49

Thank you all so much for your help!! It is greatly appreciated. I have now been in touch with a solicitor and hope to begin a long journey ahead of finally owning my own home!
Honestly can't thank you all enough!!

Well done. And good luck!
Let us know how it goes.
You and your family deserve to have your fair share of that money and the chance at buying your own house.

19lottie82 · 07/09/2024 00:39

You can take her to court to force a sale, but unfortunately it’s likely to be very expensive. You should claim the 50% not just £30/36k!

LIZ1017 · 06/09/2024 23:49

Thank you all so much for your help!! It is greatly appreciated. I have now been in touch with a solicitor and hope to begin a long journey ahead of finally owning my own home!
Honestly can't thank you all enough!!

OP posts:
Catopia · 05/09/2024 13:58

Seek legal advice regarding severing your share in the property.
She can either buy you out by remortgaging the remainder or sell.
Situation is bonkers, all your equity is tied up in a property you are getting no benefit from.

MattSmithsBowTie · 05/09/2024 13:56

You can force a sale, and I don’t see that you have any other option really. See a solicitor, she may then decide it makes more sense for her to take a mortgage for the £30,000 instead.

HaudYerWheeshtYaWeeBellend · 05/09/2024 13:50

who is the mortgage currently with? I’d be calling them and asking for a balance statement.

JohnofWessex · 05/09/2024 13:47

Given your age at the time the property was bought there may well be issues over the advice you were given at the time as well.

What you do need to do though is as suggested get all the documents together and write up an account of what happened.

I suggest getting someone else to read it first so its clear and understandable

Ponoka7 · 05/09/2024 13:43

As said legal fees will ne expensive. Pay for a solicitor to see what you could do. Then get the soliton send a letter of intention, if she can't/won't come to a settlement. Tell her that you are seeking legal advice. Decide on what you need and what you'll take. Avoid court, if possible.

Birdingbear · 05/09/2024 13:39

If your name.is on the deeds then you jave the right to sell and retrieve your share of the money. Go and see a solicitor.

MissUltraViolet · 05/09/2024 13:39

You were taken advantage of by your mum.

Please, please...see a solicitor and get legal advice. Please do not let your mum get away with this.

You are owed FAR more than £30k from this.

TheFormidableMrsC · 05/09/2024 13:28

This is absolutely shocking. I would also go legal and get the 50% you're entitled to. It will go a long way towards buying a home for you and your family.

forgotmyusername1 · 05/09/2024 13:22

I would say to mum that as she has not been willing to refund your mortgage payments to enable you to buy your own property you have looked into this further and as a joint owner you are entitled to half the property value

Option 1 - you force a sale of this property
option 2 - she remortgages and buys you out
option 3 - she sells one of her other properties and uses the proceeds to buy you out

Which would she prefer

The 30k option is no longer on the table

KTheGrey · 05/09/2024 12:59

You need a solicitor who will act to force the sale of the house. It is likely to have appreciated in value and you will probably have a right to more than you have paid off in the mortgage. I expect you are entitled to half of the price you get for the house after the mortgage is settled when it’s sold.

Your mother has financially exploited you to pay for her housing and I wouldn’t listen to a word she says about having overpaid the mortgage. Get a good solicitor, which will cost loads but you should end up with a decent amount of money after the house is sold, so the solicitor is worth it.

PinotPony · 05/09/2024 12:53

Without any written deed of trust setting out the arrangement, the Court will try to ascertain or infer the intentions of the parties.

What was your understanding of the agreement? Were you intending to buy a house for your mother for her to retain? Was there ever a conversation about her paying you back or helping you out in later life? Did you think you'd inherit the house eventually? Do you have any evidence (written, texts, emails, etc) to show what you'd both agreed?

Noseybookworm · 05/09/2024 12:47

On the face of it, YANBU - it sounds like your mum took advantage of you when you were only 18. You need to get some legal advice asap.

FOJN · 05/09/2024 12:44

You need legal advice.

If your name is on the deeds and mortgage of one of the houses then you are likely entitled to 50% of the equity which will go a long way towards a deposit by the sound of it.

You were young and presumably trusted your mum when you made these decisions but you are not young and naive now, it's time for you to take some responsibility. When you take a mortgage out with another person the bank doesn't see your liability as 50/50, if one of you can't pay they will make the other pay. Your mum could have been running up arrears on the mortgage and damaging your credit rating without you knowing.

You would be a fool to settle for less than 50% of the equity after you have paid 50% of the mortgage.