Mortgage

[Wedding28]

I couldn't get a mortgage so my son got me one. I have paid him the mortgage money, and he paid this onto the mortgage company. Now he wants me to move out, sell the house , and give him the money. I've kept every receipt regarding the mortgage over the years. I am devastated about this. Can you please advise me what my rights are

You need to seek proper legal advice OP, lots of solicitors will offer 30 mins-1 hour free so you can get an idea of your actual rights.

But in general, he’s the home owner and in the absence of any legal documents which formalise your arrangement you may be on shakey ground. I’d be finding a solicitor ASAP to see what, if any, options you may have.

Thank you for your reply , I will do that. I don't want to lose my little house I'm 73 x

Are you on the house deeds or not? This will be the default position, and if you feel that this doesn’t reflect the contributions made then you’ll need to challenge the is in court.

Also how long ago was the house bought and what is the remaining mortgage term? This will make a big difference in terms of how much equity there actually is remaining once it is sold.

If the house is in his name only then arguably you just paid him rent. You would have limited options to stay in the house or claim equity on sale.

But if the house is in your name with him guaranteeing or sharing the mortgage then you're in a much better position.

If you aren't sure who legally owns the property then check on land registry.

Either way it is important that you consult a solicitor. Keep things amicable with your son if possible. If you are able to get some money out of the sale (or gifted by him) you might be able to get a shared ownership place.

It sounds more like your son bought a house and rented it out to you?

Definitely needs a solicitor. If you can show you paid the mortgage amount to your son every month and that you paid all the bills and all the house maintenance you may be able to convince a court that you weren't renting. I assume there was equally no rental agreement as well as nothing written about who was meant to own the house.

Thank you. I give him the money and he was forwarding it to the mortgage people. I've lived in my lovely little house for 15 years and have every receipt of the money for the mortgage people. I pay all my own bills. I defnitely do not rent it off him. I will look for my copy of the deeds.

Obviously a whole chunk of story missing here. Why is your son now trying to kick you out and sell?, he sounds like a total shit to be honest.
If the house is in his name, I would imagine you have very little come back, would be interesting to know if he's had a normal mortgage where he's declared it as his main home or if he got a BTL mortgage.

No one gets a mortgage for someone else, that's not how it works. He's taken out a mortgage on a house that he's bought.

You can look up who's on the deeds for a few quid on land registry.

If you're not on the deeds I'd say there's been a huge mis understanding here.

It does sound like he's bought a house and rented it to you.

Check the deeds first.

Do you have anything in writing from him saying it's your house? Did you sign any purchase / mortgage paperwork? What receipts do you mean?

You need to look at the land registry to see who the registered owner is

But if he's saying YOU need to sell the house and then give him the money, that's hopeful that the deeds/house might be registered ownership in your name, otherwise he could just evict you and sell it himself

It’s crazy the amount of unqualified posters jump on these threads.

If you had an agreement that he was buying the house for you, and he put none of his own money in to buying it, you may well have rights - at the very least a right to remain living there if not be declared the beneficial owner. The question is can you prove the intention at the time of purchase?

See a solicitor.

I couldn't afford the deposit so the AH got one in his name for me and I pay the mortgage to him every month plus I have also now paid him back the deposit!

Did you pay your son by bank transfer every month? What paperwork do you have regarding the mortgage amount, term and so on?

You likely have a beneficial interest in the property under a resulting or constructive trust. See a solicitor. PM me your details and I'll see if I can recommend one near to you.

I've no advice Op but wanting to wish you the best. From how you've described things, your situation sounds so worrying & your son sounds horrendous!

@Wedding28, given your age, you could receive legal advice (and possibly assistance) from Age Concern.

Here's the link:

www.ageuk.org.uk/information-advice/money-legal/legal-issues/legal-advice

I hope you manage to get some help, it must be a stressful time for you.

You need to check the deeds. You should’ve been on the deeds to start with it’s not related to who pays the mortgage.

Why would he kick you out and where does he think you are going?

You could be in trouble here.
If you paid him then there may be no evidence of you paying the mortgage, as far as anyone is concerned he got a mortgage and bought a house and paid the mortgage, what money you gave him is not relevant.
I appreciate that this wasn't the arrangement but I am talking about legalities rather than morality.
I would say though that even without a proper rental contract you may have Tenants rights so if he does want to evict you there is a process he has to follow.

But you do need legal advice and to check with The Land Registry who the legal owner is

https://www.gov.uk/search-property-information-land-registry

Go to the above link and check who owns the property. I think it costs a few pounds.

If it’s you, no problem. Just tell him you won’t be selling.

If it’s him, you will have to argue an equitable interest as a PP has said.

The problem is what you have described - him buying a property and you sending him money that covers the mortgage - is exactly what tens of thousands of tenants who rent from private landlords do. You need to find any correspondence / documents in which it’s agreed the house is yours.

This is not something you should self represent on. It’s a complex area of law and you need a good lawyer. This is likely to cost unfortunately.