Property Ownership Dispute

[jsa986]

Hi All

 

In July 2002 I could not get a mortgage and my father took out a mortgage on a property i have lived in, in his name for which I have paid ever since.

 

A verbal agreement was made that the property was mine, however the deeds are in his name. In the last month he has decided that the property is his and is trying to sell it and keep all the equity. He is also now claiming he was a landlord for the past 12 years although he has done zero maintenance etc. I can evidence the payments for the house every month to his bank account.

 

This puts me in a difficult postion, proving the verbal agreement, losing considerable equity in the property and also means I have lost 12 years I thought i was on the property ladder and of course potentially homeless.

 

I could really do with some advice on my legal position here. Please no comments on how I should have got something in writing, i didnt think my own father would do this.

 

I was thinking along the lines of "implied trust' - that we must have had an agreement for me to pay for the home, or else why would you have paid for all the the repairs, improvemensts and monthly payments etc.

 

Also, can I withdraw implied right of access to the deed title holder?

 

Thanks

Edited February 17, 2014 by jsa986

[ChChing]

You may well be able to prove 'beneficial interest' in this case, however you will need to go to court to prove this.

 

Beneficial interest gives you the right to occupy the property, make the mortgage payments and also obtaining a share of any equity if the property is sold.

 

It can be quite difficult to prove beneficial interest and aside from this, you could possibly try and establish rights to estoppel. This basically means that the courts may give you a tenanc or a share of the property as you have relied on a verbal promise.

[jsa986]

Thank you for your reply, I shall research both those avenues. I really appriciate your advice

 

Thanks again

[steampowered]

Refer to http://en.wikipedia.org/wiki/Proprietary_estoppel.

 

If you have been paying the mortgage I think that should be fairly good evidence for what you are claiming. Particularly if you can produce bank slips and so on. I'm not sure you'd be able to get him off your back entirely but should at least get a share of the equity commensurate with the portion of the mortgage which you have paid.

 

Given the amounts involved best to see a solicitor for this one.

[king12345]

From what you wrote it seems that you've not made any payment to the lender, but to your father bank account.

He now claims that your payments were rent and not mortgage payments.

Without a written agreement is difficult to prove that you were the intended landlord.

Your father could have well been a stranger, purchasing a house and charging you rent to cover the mortgage and you wouldn't have any right to possession.

Your own father seem to have conned you.

Hopefully a solicitor could help, but it's a sticky situation.

[jsa986]

Thnaks for your reply and link. I think you might be right. At least I feel more conident knowing about estoppel on this matter now

[steampowered]

I agree with king that this is all difficult to prove without a written agreement, but not impossible. If your payments were exactly the same as the mortgage payments (or even if you paid the lender directly) that would be fairly good evidence for what you are claiming.