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Legal, pensions and money

Paying off son's mortgage.

(10 Posts)
teifi Mon 01-Aug-22 19:34:29

I have some capital but not much income. Savings rates are currently pathetic. What are the implications if I pay off my son's mortgage and he pays me half of what he currently pays his mortgage company per month - thereby topping up my income while reducing his outgoings?

M0nica Mon 01-Aug-22 19:42:14

What happenss if he is made redundant cannot get another job and cannot afford to pay you back. Could you manage without capital and income?

What happens if for some reason he gets into a complete financial mess (do not say 'he won't'. lots of parents have said that and then had a nasty shock) and the house is reposed? Could you manage with your savings irretrievable gone and no income?

Whatever you do make sure that you get a solicitor to draw up a legally binding agreement. Do not, again, say 'I trust my son'. Many a parent has done that to their financial and emotional cost.

paddyann54 Mon 01-Aug-22 20:34:25

Could you buy the house in your name and rent it back to him at a low rent?That way IF he gets into financial difficulties you still have the investment to sell .I'm assuming he'll get it anyway when you die?

Nannagarra Mon 01-Aug-22 20:48:56

I don’t know how old you are or your financial circumstances but are you aware of the seven year rule?

Georgesgran Mon 01-Aug-22 20:49:33

I’m not sure you can do that in the eyes of the law and HMRC. It could be seen as deliberately reducing your savings ‘in case’ you need care later.
You would also need to declare the rental income and possibly pay tax on it too, depending on your other income.
I’d definitely seek legal advice before doing anything.

DaisyAnne Mon 01-Aug-22 20:54:24

I would be concerned that it might come under Deprivation of Assets which would matter should you ever need care. But it may not as it has created an income.

I would certainly get the best professional advice you can. It does seem it could suit you both but the law is a strange thing when you don't know it.

NanKate Mon 01-Aug-22 20:57:33

Whatever you do you must get a solicitor involved and draw up an agreement.

SynchroSwimmer Mon 01-Aug-22 21:01:30

If your son is married and becomes unexpectedly divorced…could you risk losing your capital if the property has to be sold?

Smileless2012 Mon 01-Aug-22 21:14:31

I agree with NanKate teifi. You need a properly drawn up legal document to protect your financial interests. I know we don't like to think it's necessary when it involves our own AC, but sometimes it is.

We thought we had everything protected when we invested, along with my brother, the money our ES and his wife needed for their deposit but we hadn't been careful enough and now he's estranged us, we'll more than likely never get our money back.

Things change, things can go wrong so unless you can afford to lose what's needed to pay half off half his mortgage, please be very careful.

teifi Tue 02-Aug-22 11:01:01

Thanks all. Much to think about!