Putting a charge on a house in a trust

[MancyNitford]

I'm not very well versed on legal stuff, nor do I own my own home, so forgive me if this is obvious.

My DF left his house in trust for me and my DB. My DM lives in it. When my DF bought they house they weren't married. They had been married, then divorced, then when DF found out he was terminally ill, they remarried so that DM would benefit from his pension.

The terms of the trust state that the house must be kept in good order. Sadly DM is a hoarder and has frittered away thousands of £ since DF died 23 years ago. The house has fallen into a state of disrepair and DM doesn't have any money to carry out some essential repairs and maintenance to get into into a reasonable state again.

I had a critical illness payout last year and have the money available to tackle the house and get it in order with a view to selling it and buying DM a small apartment or similar. She has mobility issues and cannot easily get upstairs or even into the garden anymore. I'm happy to finance the renovations - it will need a massive de clutter, decoration, garden clearance and probably a new kitchen and bathroom. I don't for one minute think my DB will diddle me out of the money when the time comes, but I do want something drawn up legally so I can get my money out at some point. Would I be able to put a charge on the house to do this?

Hopeful bump?

You could do it as a personal mortgage and have a charge registered. All parties would need their own legal advice to ensure they understand what is being proposed.

You need legal advice on this, it depends on many factors eg the terms of the trust etc and you'll need advice on how ownership of DM's new place will be established (will this be a new trust you and DB own equally? ), but legally should be possible to do.

You would have a restriction on title, and ideally you or someone appointed by you would be one of two trustees.

Thank you for the replies. The terms of the trust state that a home must be provided for DM and in the event that the existing property is sold, any new property would then form part of the trust along with any capital that might be released. If it is sold then it's at that point that I would want my money back out before it reverts to the trust.

I think I'll have to go and see the solicitor who drew up the trust (and who is one of the trustees) to get his advice before I start to throw a load of money at it. It's not an insignificant sum, we've estimated at least £10k and I'm not that willing to have nothing in writing for that kind of money.