My son lives with his mother in a house that she owns. He has accumulated significant debt. She has been advised by someone at the National Debtline that it may be possible for his creditors to place a charge on her house in respect of his debts. He has made some sporadic no regular or substantial contribution to the upkeep of the house.
It is highly unlikely unless he clearly was paying the mortgage or carried out home improvements such as landscaping or built an extension. Whatever payments he made are more likely to be treated as rent and as such your mother cannot put her property at risk as a landlord.
Your son should seek advice to at least put his mother's mind at ease.
His debt has nothing to do with his mum. Cannot envisage any situation where some one else can be held responsible for another persons debts. Can only happen if a guarrantee was given!
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
A charge can only be placed on a property which is in the ownership of the debtor regardless of who pays what. If you were going to argue the beneficial interest position, this would have to be established at Court first - and I also cannot see how this could satisfactorily be presented to be honest.
