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I have a Joint Tenancy of a HDB flat with my mother, which we live in with my
younger brothers.

I've paid the mortgage for the house bought at the time for but admit that my mother did pay for at least 60% to 70& of the house at the time.

I've spent the last 6 years paying for the mortgage and most of my income is towards my family house hold bills and such.

Now the problem. Although my mother and I have an verbal agreement that the house would be mine as I didnt go to university and supported my family via my income for the better part of 15 years while my brothers did go to university and graduated there. (Father passed away while young)

I'm worried that my brothers would sue for my mothers half of the house. To ask my mother to put our agreement into writing would surly cause tension in the house hold if this was to happen.

What are my options now? Does the fact that I've paid for the mortgage protect me? As a family I've never really asked to itemized our spending and don't want to cause a breakup of the family ties should I start acting in that manner.
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3 Answers

Hi,

1) According to the Property Ownership Act. The survivor takes all applies on joint-tenancy ownership.
2) So, the flat will be solely yours when your mum passes on.
3) This is no argument on this, and your mum's will (even if there is one) cannot change the property ownership on a joint tenancy.
4) A will only be able to execute according to her will when the property ownership is under Tenancy-In-Common.
5) No written agreement can change the current ownership and distribution after a life event.
6) This can only be changed by engaging a private conveyance lawyer to change the joint tenancy to Tenancy-In-Common.
7) Follow by making a will on how her shares of the flat are to be distributed.
8) Without a will, the succession act shall kick in, and you and your brother will have 50/50 on her shares of the flat. There are no changes on the shares you own after converting from JT to TIC.

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I suppose a lawyer can better answer your doubts. What we can share perhaps will be the case studies which we may have encountered, but to be fair, each individual scenario will have their own merits for considerations. We have heard cases of wills being overturned or challenged so a lawyer will be in a better position to assist this.

Are the siblings on good terms now and are they aware of this agreement you have with your mum?

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This is a delicate situation involving family and property ownership. Here's a breakdown of your options and some considerations:

**Verbal Agreement vs. Legal Documentation:**

* **Limited Weight:** Unfortunately, verbal agreements usually hold little weight in court disputes regarding property ownership.

* **Formalization:** While bringing up a written agreement might cause tension, it would provide stronger legal protection** for your claim on the property.

**Your Options:**

1. **Open Communication:**
* Consider having an open and honest conversation with your mother. Explain your concerns and explore the possibility of formalizing the agreement through a lawyer specializing in property law.

2. **Mediation:**
* If direct communication is difficult, family mediation** can be a helpful option. A neutral mediator can facilitate a discussion and potentially guide you towards a solution that satisfies everyone.

3. **Seek Legal Advice:**
* Consulting with a property lawyer is highly recommended**. They can analyze your specific situation**, explain the legal implications**, and advise you on the best course of action**. This could involve exploring options like buying out your mother's share** or reaching a formal agreement** regarding future ownership.

**Mortgage Payments:**

* **Partial Ownership:** While your mortgage payments demonstrate financial contribution, joint tenancy ownership** means your mother still legally owns half of the flat.

**Protecting Your Interests:**

* **Documentation:** If you decide to move forward with a formal agreement, ensure it's drafted by a lawyer** and properly documented**.

**Family Harmony:**

* **Open Communication:** Striking a balance between protecting your interests and maintaining family harmony is crucial. A respectful and open conversation** might lead to a solution that benefits everyone.

**Recommendation:**

* Consider prioritizing open communication with your mother.
* If a formal agreement is necessary, explore mediation or consult a property lawyer** to guide the process.

Remember, this is a complex situation. By focusing on communication and seeking professional guidance, you can hopefully find a solution that protects your interests while preserving family relationships.
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