*TOXIC MUM* Do I take her to court?

[LIZ1017]

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?

I'm struggling to understand the set up.

What house are you paying the mortgage on, the first one? How did you manage to buy a house at 18, are named on the deeds? The logical thing to do would be to sell the house.

Who lives in the mortgage house?

Yes if she would budge you don’t have an option, why would you leave your family financially poor while you have assets worth £125k

Go legal to force sale and recover your money.

How did you manage to buy a house at 18, are named on the deeds?

I bought my first house at 18, it’s not a rare as people believe.

I am paying the mortgage on the house she currently lives in the £300,000. Name is on the deeds.
And I bought the house at 18 as I has a well paid job for an 18 year old

I'm a bit confused but it sounds like you could be due considerably more than £30k if the house value has increased etc so I'd invest in some legal advice then force her to sell and claim your share.

Are you on the deeds? Tenants in common or joint tenants?

Does she pay anything towards the mortgage?

So I assume the house with your name on it is being rented out?

But you are still making the mortgage payments part of it?

The only answer if you need the money is to force the sale which as your name is on the house you can do. You will then get the money owned, your mum is being unreasonable if she is in such a good position but is unwilling to help you out.

I don't think I understand why you're paying the mortgage on the house your mum lives in?

So was the original house sold? Is your mum paying the mortgage too? Is it rented out?

Is the mortgage in your name or are you just paying it - and why are you paying it if has many properties already ?

Was this all done legally through a solicitor? Is there a paper trail to show that you actually own the house? I am assuming you think you own 50% of it?

If you are on the mortgage for your mum‘s house, will you actually be able to get a second mortgage without being removed off your mum‘s house mortgage ?

£300 a month is £36,000 plus inflation, and the house will be worth far more than ten years ago. How much did you buy it for, and how much is it worth now?

Yes, go down the legal route.
I'm betting she thinks you won't go that far.
Once she realises you're serious she may give in.

Go down the legal route, consult a solicitor.

Surely she could sell one of the other houses? Or why can't you live in one of the houses she rents out?

Don’t forget you will be liable for full Capital gains Tax as you’ve never lived there. You need legal advice, pronto.

As your name is on the deeds and the on the mortgage then yes, you are owed more than you have paid against the mortgage, you are also part owner so are due 50% of the uplift value.

If she refuses to buy you out then you need to force this via a legal route and she will have to raise enough money to buy you out or it forces a sale.

I suggest you see a solicitor ASAP.

I'd take her to court, she is using you for a doormat

The amount you've paid is £36000.

But clearly you're owed much more than that.

Why is your mums property empire more important than you and your husband?

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 need to see a solicitor and you should also get your full share of the property’s sale price, not just what you have paid on the mortgage - so you could be better off perhaps.

What was the reason for buying a house that you didn't live in?

Either she remortgages and buys you out.

Or she sells and gives you your share.

Your share is obviously a percentage. Not just the 36000 you've paid.

She isn't entitled to own 4 houses at your expense . You're entitled to your share.

Instruct a solicitor.

Don't just accept the amount you have paid in, you have been paying the mortgage on a house this is an investment. You are entitled to the return on your investment. This will help you buy a house for you and your family.

Please do seek legal advice, don't allow your mum to short change you just because she is family.

The reason I helped my mum buy a house is because I was told she couldn't afford one o her own and in order to leave my dad she would need someone to act as "dad"
So I agreed to buy a house with her when I was 18 and she's always lied to me and said she can't afford a house without me. But as I'm now older and learning more about the property market I have started to realise I think I've been told lots of lies🤦‍♀️
Just to answer other questions. My mum lives in the house, she pays towards the mortgage too. She often over pays and the mortgage is nearly paid off with 16,000 left ( I need to check this info as she could be lying)

What happened to the first house OP? Who lives there?
And YANBU, you need legal advice asap. Your DM doesn't seem to care about you or your housing situation, so you need to go nuclear.