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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have a similar question too one you have answered before.

Customer Question

I have a similar question too one you have answered before. My partner, we don't live together, is considering buying his mothers council house for her. He would use part of his pension fund to do this, he's 55. He would not need a mortgage. We hope this would have several advantages; his mother would have the security of having her own home, if she did need residential care in the future she would have something to cover the cost therefore more choice and hopefully my partner might end up with something in return for his investment. My partners two sisters both support the idea. What would be the best way to go about doing this so that my partners mothers interests and his are protected. His mother is happy to do this, if my partner isn't risking his money and she wouldn't lose any benefits. She receives disability benefit, and effectively pays no rent. My partner doesn't own his own home. If his mother needed extra help he could stay a few nights a week but would not be able to move in and provide full time care. Neither of us has much spare cash, savings or anything else of significance as a pension.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

what is your question?

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

Your partner's mother will have to purchase the property in her sole name.

His interest will then be protected by there being a Declaration of Trust confirm ing that she holds the property on trust for herself and your partner in whatever shares are appropriate (her discount represents her investment

This is a relatively straightforward transaction in these circumstances

Please ask if you need further details

Expert:  Stuart J replied 1 year ago.

Thank you.

There is no legal way that they can prevent this provided it is just a personal relationship and there is no element of the work which the reader does, being done whether for free or for payment, for you.

If that was the case, and there is a restrictive covenant in the employee’s contract, they can get an injunction, not to stop the contact but to stop the work or advice element between you whether you are paying for that service or not. Extremely difficult to enforce but nonetheless, they could make it awkward for the employee.

Does that answer the question? Can I answer any specific points arising from this?

Please don’t forget to use the rating service to rape my answer positively. If you don’t use the rating service, I don’t get paid.

You may think that the thread closes after rating, but it does not, it remains open, and we can still exchange emails if anything needs clarification.

Kind regards