Selling a jointly owned home.?
I and my mother are down as joint owners of our house on all deed etc. We both signed for this to be so. This house is my one and only HOME.
Now though, our relationship is very strained. For the last 5 years I have paid 50-50 towards every conceivable bill towards this house with her.
She says she is going to sell the house, she says she is going to get my name removed from the deeds/register. She says she will not give me a penny from the sale, even though I have contributed nearly £35000 over the last 5 years to the house etc.
Can she get my name removed, and am I entitled to any proceeds from any sale, seeing that I am a joint owner, none of this tenant in common stuff.
Any advice please.
Oh, by the way, the house is ours outright, no mortgage etc owing.
- SimonCLv 78 years agoBest Answer
What do you mean by "none of this tenant in common stuff"? When property is jointly owned you are either tenants in common (in which case you both own an identified share) or you are joint tenants (in which case you both own the entire property jointly). Neither is inferior to the other - the only real difference is what happens if one of you dies. If you are tenants in common your share passes according to your will. If you are joint tenants the survivor continues to own the entire property on their own. So there is nothing to be inherited.
Either way, your rights as a joint owner while you are still alive are exactly the same. Basically to sell the property both owners have to agree and sign the documents. Without your signature your mother cannot sell. Similarly, she cannot remove your name as an owner without your consent. And no solicitor would ever pay the money solely to your mother. They would either issue the money in joint names, or they would pay you each your relevant shares.
Having said that, if you cannot agree then either of you could apply to court for a decision. Generally the courts order a sale so that each party can take their share and go their own way. Which would mean that if you wanted to stay their you would need to get a mortgage to buy out your mother.
If you are named as a joint owner then you don't need to worry about contributions while you have been there. That is only relevant to someone trying to establish ownership when they are not named (eg a wife when the husband is the sole named owner).
Having said that, it might be useful if your mother attempts to argue that she has in fact paid the entire purchase price on her own. Either way, contributions to day to day costs are irrelevant. It is only contributions to the "purchase" such as mortgage payments or the cost of improvements (not maintenance) that are relevant. And if there has been nothing of this sort paid by either side since the original purchase then your mother cannot make this sort of arguement.
- beverley1156Lv 68 years ago
If the house was paid for by your Mother before your name went on the deed then she may have a case in law to sell and retain all the money but she cannot sell or remove you from the deed without your signature and agreement.
I suggest you tell her this before she attempts anything.Have you receipts for £140 per week over 5 years that you say you have paid towards the house? Unless you have paid the mortgage then it is only living expenses that you have paid towards.
Sad that it has come to this situation between you and your Mother.
- 8 years ago
She cannot remove you without your consent (or unless you die). If you are both on the deed, then you both own the home period. She cannot even list the home for sale unless you sign off on the listing as well. When two people own a home and one wants to sell but the other does not, you may have to buy her half of the home. Basically, she wants out of ownership and if you cannot afford to give her her half of the money, then you guys will have to sell and split the proceeds half and half. She cannot keep the proceeds of the sale all for herself.
- TavyLv 78 years ago
Mum has no idea what she is talking about. She cannot remove your name without your permission as that would be fraud, she cannot sell it without you signing the conveyancing deed, and no Solicitor would let her have all the money. That too is fraud.
You would be better off consenting to sell, taking your half and starting again.
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- 8 years ago
She can't just remove you. You would actually have to sign it over to her. You are entitled to 50% of proceeds from any sale.
- rosabalLv 43 years ago
Whoever is on the deed would desire to conform to the sale. So, NO she will't sell the abode. this would desire to be addressed of their divorce settlement. that's going to the two be offered to a minimum of certainly one of them or be chop up 50/50 and would desire to the two be bought with each getting a million/2 of the proceeds or one companion would desire to purchase the different out of his or her a million/2. in the event that they're the two on the inner maximum loan, they're the two financially to blame. If he refuses to pay his a million/2 of the inner maximum loan, while they settle, she would get extra desirable than a million/2 as she paid in extra desirable than a million/2. If the abode gets foreclosed on, that's going to additionally destroy HIS credit. till they get the divorce settled, I advise she call her own loan corporation to work out what they'd artwork out. I additionally advise she initiate protecting a mag of each physique of those spiteful movements as that's going to in basic terms artwork in her protection on judgment day. Get her call off the credit enjoying cards NOW!!!
- lollyLv 78 years ago
No, she will not be able to do that. You will both need to be in agreement. You would need to be in agreement to even have your name removed.
I would seek legal advice, but she is not going to get anywhere with this.