Four things.
1.We gave our son money for the deposit on his home, we had to provide paperwork to show it was a gift to him to the solicitor and mortgage company, did Mum?
2.If your savings were used and you were not on the Deeds - why didn't you have to fill in a gift form as it wasn't coming from his bank account?
3.Did you transfer the money to his bank account and he sent it to the solicitor?
4..If you engaged the solicitor jointly, i.e it was in your name as well as his, ring the solicitor and ask them.
It worries me that you say you haven't signed anything, does that include for the mortgage as that suggests to me you aren't on anything. But if you have a mortgage, surely it should say on the mortgage statement who the account belongs to? If your name is on it, then you are on the mortgage
Message him when he is busy and trick him into putting in writing that it is in joint names and its an error on the deed?
The question then needs to be answered about how you own the house, has he put it down as the cash paid in his name and you have split the mortgage balance between you?
Are you joint tenants or tenants in common. I suspect he may have opted for tenants in common so that he protects the money his Mum put in.
So lets imagine the house was £1m (lucky you). It could work something like this:
Each partner contributed £70,000 (so £140,000 total from the couple)
The mother contributed £500,000
The remaining £360,000 is covered by a joint mortgage
Ownership is set up as tenants in common to protect unequal contributions and there will be a declaration of trust.
The contributions now look like this:
-
Partner: £70,000 (his own) + £500,000 (gift from mother) = £570,000
-
You: £70,000
-
Mortgage (joint): £360,000
Total: £1,000,000
What this means for ownership shares
If you base ownership on initial contributions:
- Son: £570,000 → 57%
- Partner: £70,000 → 7%
- Mortgage: £360,000 → 36% (this equity grows as the mortgage is repaid)
If the you repay the mortgage 50/50, then over time each gains 18% of equity as the mortgage is paid down.
But this only works if it is written into a Declaration of Trust.
The Declaration of Trust is essential
It must explicitly state:
- The mother’s £500k is a gift to the son alone
- The son’s beneficial interest includes his £70k + the £500k gift
- Your beneficial interest includes your £70k
- How mortgage repayments affect shares (equal? unequal?)
- What happens on sale
- What happens if one partner pays more later
- What happens if you separate
You can do this if you are married but it can be affected by family law if you divorce!