Buying property from family: I would like to buy half of my mother’s house. Where do I start?

Question: I would like to buy half of my mother’s house. Where on earth do I start?

Answer: If you can raise the funds you could indeed buy half of her house, providing she is willing and able to sell it to you.

Check for any restrictions that may stop your mother selling you a half share. For example, if her house is in a retirement village, then occupation and age restrictions are likely to apply which may prevent a sale to you.

Obtain an up-to-date market valuation of the property so you can agree the price you will pay your mother and then consider whether you wish to own the legal title jointly with her, or if she will continue to hold the legal title and you will have a share of the beneficial interest in the property, which can be evidenced by a declaration of trust.

If you decide upon the former, a transfer document would be needed to transfer half of the property to you, and that transfer should be registered at the Land Registry.

The transfer document should confirm whether the property is held by you as tenants in common —where on the death of one party the deceased’s share passes according to their Will, or on intestacy if there is no Will — or as beneficial joint tenants, in which case, on death the property passes automatically to the survivor.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.