Question about ownership of house and adverse possession

[dicey2]

Hi new guy here so please bear with me

I have a really sensitive situation here.

My mother and her partner at the time (not married to each other) purchased the house I am currently living in with my mother about 23 years ago. She did not put any money towards the purchase but when they bought the house, her partner put both of their names on the deeds of the house.

A year later, a loan of £10k was secured against the house for home improvemnts. Some time later he left her and went to England. He stopped making repayments on the loan. To stop the bank from taking the house, my mother paid £20 a week into his current account which was used to pay off the loan. As the current account was in his name she cant get details of the account but suffice to say the loan was paid off in full.

The deeds of the house still reside in the bank and can be recovered if she instructs her solicitor to do so.

However, we feel it is now time to do something about this sitaution and take over ownership of the house in full. In my mind she is entitled to at least 50% of the house as her name is on the needs plus whatever money she put into the house over the years in running costs and maintenance.

However as he has not been in the house for 16 years, lives in England (but has returned occasionally for funerals etc) she feels he is entitled to nothing as he walked away and is making this assumption claiming entitlement under adverse possession

I would like to buy him out for her piece of mind as in theory he could come home and start living in the house and there is nothing she can do about it. Obivously the less I can pay the better for me but what exactly are my rights and how should she/I go about getting the house for ourselves as we have lived in it most of my life

 

[mf1]

No - I don't get that.

He is a joint owner? Why exactly should you/your mother be entitled to full ownership? How has she asserted an entitlement to the property on the basis of adverse possession?

If anything, she and you have enjoyed low cost accommodation for many years!

Why has he not done anything about the house? Would he be willing to gift it to her? Or be bought out? Has anyone ever asked him?

mf

 

[dicey2]

yes he is a joint owner.

he has had nothing to do with the house fo rmore than 12 years which makes her think she might have entitle ment under adverse possession

they have had no contact since he left 16 years ago.

what would be the best way to go about this - offer him 50% of the current market value or what would you guys do?

 

[mf1]

I think if you are serious about it, go and talk to a solicitor first.

They will talk to you about severing the joint tenancy and then asserting an entitlement to a greater share of the value, given repairs and maintenance BUT it looks as if he provided most of the purchase funds ( leaving out the loan repayments) so unless he is willing to cut a deal, it could well be 50% of the current value.

It is always worth while asking the question - will you give it to us for free? But you would be better prepared for a likely answer by talking to a solicitor first.

mf

 

[cairn]

A dverse possession only applies where there has never been an acknowledgement of the original party’s ownership entitlement by the party seeking to impose adverse possession. It seems clear enough that by putting money into his bank account to pay off the loan that she has acknowledged his ownership (which she probably also acknowledged by signing with him when house was bought) so I don't think the adverse possession route is open to you. In any case this would only grant her a life estate and the house would revert to the original owner on her death which is probably not something she wants either.

On the other hand when your mother does eventually pass on (many years from now hopefully) then whoever takes over the house may eventually have a case for adverse possession.

This area is complex and you should take legal advice before stirring up the issue and only if your mother has some funds to pay him off if that is what he is looking for.