To my half siblings shouldn’t get 50% of my parent’s house?

[reannneeee]

Paternal half siblings. They are 20 and 22 years older than me. Their mum joint owns with their stepdad and she was better off after the divorce as he left her the house. Me and my full brother raised in social housing as my mum and dad always struggled for money.

My parents ended up expressing a wish to purchase their property with Right To Buy in my late teens. They had a fair amount saved up but nowhere near enough. The property is in a desirable area and I saw it as a steal to get it with the Right To Buy Discount, so I agreed to save up and then give the money to my parents to use to be able to use Right To Buy. I ended up providing about 75% of the money (it took a good few years and meant I spent bugger all on fun and delayed my own life events) used for it. My full sibling has a learning disability and can’t live independently. The deal between me, my mum and dad was if I helped them to be able to buy the house, once they go I could have it and use 25% of the money on supporting my brother. None of the house is mine legally but we knew it’d benefit me and my brother in future if I helped them buy it now.

This was a few years ago. DF has now decided to write a will, he isn’t ill but wants to in the event of a sudden death. He has decided he’d feel guilty doing the original plan and excluding his older children. He now wants us to have 25% of the house each. He says that my financial support in making it possible for them to buy the house is negated by the fact that they let me live there rent free. I’ve not expressed this to him but I’m quite annoyed. My mum was also the bigger contributor for their portion of the deposit out of the 2 of them. I also know that when they go, all of the care for DB will go on me. I’ve already been told I’ll be his power of attorney, will manage his money etc. My half siblings are significantly older with their own well established lives. Mum is upset as well but doesn’t want to rock the boat.

Aibu to think DF is being unfair?

He wouldn't have a house to leave without your very substantial contribution, which you made on the particular understanding that the property would ultimately be yours and your brother's.

You need a solicitor - but posing this in legal will let you know where you stand more clearly.

They think letting you live rent free in a council house with cheaper rent was enough consideration for buying them a house?!

I would not have bought it unless the house went in my name and I would have allowed them to still live there.

My partner helped his Dad to buy the council house they both lived in. An agreement was drawn up making them tenants in common with my partner owning 100% of the house as he paid deposit and took out a mortgage for the rest. His dad lived there but never contributed to the mortgage or other bills. In his will he left his "share" to my partner. It didn't stop partner's sister trying to get her grubby hands on 50% when dad died, but she didn't succeed. It did however take me a lot of time kicking the executor solicitors and used up all of the money in his dad's savings (which had been left to the sister so kind of served her right as she got nothing in the end). I am shocked that the solicitor dealing with this for you wasn't more vigilant in setting up something to protect at least your 75% investment. Get legal advice immediately, and have a really frank conversation with your dad because on the face of it 75% of that house is rightfully yours. If you can get your dad to recognise the rights of this it's not too late to set up a proper legal arrangement to protect you. Act quickly.

No that isn't right, you should get your share back of what you purchased and then the rest split.

At the end of the day your going to be getting that house but your half siblings have another set of parents to inherit off.... Its not fair and I wouldnt be silent about it.

It's a shame your father is sabataging his relationship with you right at the end but also let me guess. He gets old and needs care and it'll be you they go to

Solicitor here (not my area but I know a bit from law college days).
From what you have said it seems you are a beneficial owner of a share in the property, despite what the land registry says. This means that the legal owners (your parents) hold your share in trust and should not dispose of it.

I say "should not" because it will be down to you to prove it and that might be tricky without a written agreement, as you understandably trusted your dad to do the right thing/what he had agreed.

I agree that it will be worth spending a bit of money getting legal advice on what to do, unless you feel it is very clear. First, get together all the proof that you can - all evidence of you providing the 75% (bank records etc), any correspondence referring to the agreement etc. Your share can be protected from a future sale or transfer by entering a notice or restriction on the land register BUT if you dad/parents challenge it you will need to provide the evidence. This guide tells you a bit more:

www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

I think your dad has behaved like an utter shit and your mum should challenge him but it sounds like she won't. His excuse "we let you live here for free" is bullshit. Your parents also lived there themselves "for free". You have already paid for the right to live there AND the right to own a fair share beneficially.

Are you certain that your half-siblings haven’t also been providing financial support over the years? We’ve paid MIL’s rent for years and nobody knows except her and us.

I’d also ask your dad where he expects your SN DB to live when the house is sold?

I think that I would remind my dad that he has it all wrong. You paid the lion's share of the price, therefore it is you who are allowing him and your mum to live there rent free, not the other way round. And yes, look at the paper trail and talk to a solicitor to see if you can have your contribution recognised or else reimbursed, plus interest and market rate rent on your 75% since the purchase, minus rent on their 25%, so basically 50% rent, also plus interest. This may well be more than the house is currently worth, so do some simple calculations. Even if you cannot prove it to a legal standard, presenting the situation like this might give your dad a reality check, although I get a feeling that he considers your earnings as his own in some way. Is he controlling? Old fashioned in the wrong way, in the sense of "I'm the paterfamilias, everything is mine and my word is the law"? I get a feeling that he is, so in that case consult with a solicitor first, it's a significant amount of money of yours that he's planning to give away (probably to massage his own ego, not so much to be "fair" to your half siblings), and you have to fight your corner if at all possible.

If he won't change his mind and depending on whether your DM has a share of the property (could he have it only in his names?) and whether your DM has any ashare held as joint tenants or tenants in common, it might be an idea to see if she is willing to make a secret will on her own and to write down her understanding of your position in case she dies first. That way, it will stop him deciding to give all to his DC if your DM passes first (unless they have mirror locked wills) and it will give you some evidence for a later claim.

Good luck.

The Inheritance (Provision for Family and Dependants) Act 1975 establishes that children are entitled to provision from their dad's estate. So he wouldn't be able to write them out of the will altogether without a good reason. The law also says that it's reasonable to make different provision for your children.

If your brother has a learning disability and relies on carers, your parents are likely to need a Will with a discretionary trust to prevent his share to stop his benefits.

Practically, if your name wasn't on the tenancy and you contributed the money to buy it with no formal agreement regarding what would happen after he died, I suspect you'll be giving a couple of solicitors major gifts from your parents estate after arguing this one out.

If you're living with your mum and stepdad, you could argue that his gift is leaving you without the means to live.

Your parents need proper legal advice on this and from what you've told us it could be a real mess.

@fourminutestosavetheworld

For me, it depends how much money you provided so that they could take advantage of the Right to Buy, and how long you have lived rent free.

Has the will been finalised? When it comes to it, his solicitor may have some fairer suggestions for him.

It would be usual, on his death, for your mum to be able to live there for the rest of her life. Then, upon her death, 50% is split between her two children and 50% is split between your dad's four children.

I do think that your contribution to the deposit should have been ringfenced. But did you provide £5000 and live rent free for ten years or did you provide £30,000 last year? I think the amounts are important.

Of course your dad wants to leave something to his other two children, who he loves just as much as you and your brother. It would be very unfair imo, on his death, for them to receive no inheritance from his estate.

It is not for you to decide that they are unworthy because they are older and have well established lives, or because they will also inherit from their mother. You cannot know their financial situation and it is irrelevant anyway - your dad wants to leave something for all of his children.

I do agree with this, It does depend on how much you put in, and when. How big was the deposit, that you contributed 75% to?

How much has the property increased in value?

Your father is wrong. You have every right to live in the house rent free as arguably you have a beneficial interest in the house under an implied constructive trust because you contributed to the purchase price.

You need to contact your bank or solicitor who dealt with the purchase urgently to obtain proof of what you paid and see a solicitor specialising in TOLATA claims. There are elements of estoppel too that you can claim.

There are other problems with your father’s plans.

Is he the sole legal owner of the house? Check online for £3 via the Land Registry (use gov.uk site only) .

If the Land Registry entry for the house lists your mum and dad as proprietors and there is no paragraph 2 under the ‘title absolute’ section they are joint tenants. This means the house will automatically pass to your mother on your father’s death without forming part of his estate. So he has no share in the house to leave to anyone in his Will.

If paragraph 2 is completed on the register they are tenants in common (normally each owns half) so in theory your father can leave his share as he wishes. It would be open to your mother and brother to make a claim against the estate under the Inheritance Act to seek at least a life interest in the house meaning it can’t be sold in their lifetime against their wishes .

Ditto if he is the sole owner.

Not nice OP. Your father is a fool setting his family up for unpleasant arguments.

Subject to legal advice you need to work towards owning the house as tenants in common with your parents or having a legal charge placed on the house recognising your contribution.

I hope this helps.

Good luck.

I guess this is the result of not having a legal agreement because you tried to manipulate the system to your financial advantage. No one is really in the right. Legally you can't do anything. But can you request your part of the deposit money returned.

They should both have the house put so they own 50 % each - can’t remember what it’s called - so that the other ones half can’t be touched if one of them needs care.
Then your mum leaves her half to you both, and your dad leaves his half between all of his children.

From my study of resulting and constructive trusts, yes a claim for a share is possible but as lady hale said, often the cost of these things is out of all proportion to the actual amounts at stake.

It's usually cohabiting couples when they split who have this issue when one is not in the deeds. You contributed to the deposit so have a fair shot (Lloyds bank v rossett) but need up prove there was also an intention to share.
You probably need to prove all this before any deaths and get your share noted now. Even the threat of legal action may make him give a share.

(Of course 75% of a low deposit may not be much and dad also contributed the council discount which is counted in these cases as a contribution towards purchase price)

The way I read the OP, the contribution was 75% of the total price, not the deposit. Of course, if it was the deposit then the actual percentage of beneficial ownership would change. But this contribution ought to be acknowledged and I would no longer trust him to do so in his will, as he's clearly not planning to honour your initial agreement.

YANBU. I would tell him how you feel. You don’t need to go in all guns blazing but you can express your upset and explain why.
It’ll eat you up if you say nothing.

He's entitled to do this and legally you wouldn't have a leg to stand on, but it's very unfair.

I'd be upset too - you had an agreement, you've already fulfilled their part and they've now changed the terms.

I would absolutely speak to a lawyer about this. It does seem incredibly unfair

Don’t take legal advice her - I doubt for example Nancy whitehead is a specialist in this legal field.

Speak to a lawyer quickly.

You shouldn’t have given them so much money without some protection but they ship has sailed.

Your dad is not being fair and he extorted money from you under false pretences. Why should you find his other children’s inheritance.

But a lawyer will give you your options.

How much money did you contribute?

@Andromache77

The way I read the OP, the contribution was 75% of the total price, not the deposit. Of course, if it was the deposit then the actual percentage of beneficial ownership would change. But this contribution ought to be acknowledged and I would no longer trust him to do so in his will, as he's clearly not planning to honour your initial agreement.

True it does seem to be. But the right to buy discount also needs to be included which would belong to the parents equally. So the op didn't pay 75% of the value of the house.

How much was your 75% compared to the value of the house now?

You tried to run a bit of a scam. You weren't entitled to buy the house, that was your parent's right. You helped them raise the cash, but at most ethically, (in my view) you're only entitled to the repayment of your "loan", not all the profit. The house is theirs.

The mostolely outcome here is that your dad dies first, your mum inherits and your half siblings are disinterested entirely. So it probably will be unfair but in your favour.

most likely

I can see your point. He should honour the deal you made.

I'm guessing your dad has had time to reflect and decided that you only contribute to the deposit. (Who paid the mortgage?) it was an incredibly good deal for you if you paid 10K but get a house worth hundreds of thousands. However you could have used that money to buy something else.

I wish they would abolish RTB.