Confused and upset

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  • gettingtheresometime
    gettingtheresometime Posts: 6,911 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    edited 12 March 2018 at 1:14PM
    MegaMug wrote: »
    Hi getting here.
    What I meant by my husbands share being reduced is that his sisters want to deduct both the balance of the loan and the amount owed to me from their share of the equity. When they suggested they might buy him out they detailed this as his share being worth £30k less than theirs- therefore not an even split.
    And yes, I'll admit I am resentful in so much as the Sil remaining in the house rent and mortgage free is able to afford a far more comfortable lifestyle, and is managing to save enough money to be in a position to buy out my husbands share in cash. Given I am paying for her home, as well as my own I do feel some offer on her part would of been fairer. I also resent being invoiced each time she fancys a changing the decor, as I haven't the spare cash to facilitate this even for myself......

    I agree, I think it's time to be firmer and ask if the house can be sold.

    Thanks for reading

    Using made up figures, the house is worth £500k and the balance of the loan is £85K and the sisters are saying what?


    That the amount to be split 3 ways is (£500k - £85K) or (£500K-£85K-the value that you've paid in) with the value that you've paid in to be paid to you?


    The way I look at it is that if it's the 1st case then that's unfortunately what will have to happen (and in reality all it means is that the sister who has lived there was jammy enough to do it, effectively rent free) and if its the 2nd then won't you as a couple be better off because you'll have a return of the money you've paid plus a 1/3 of the proceeds (and in this case the sister who lives there in the weekend will be the worse off as she will be the only one who will have paid anything)


    What does your husband say ?


    The way I see it you as a couple have a only the following options


    1. Carry on with the status quo - but this is likely to fester & cause greater resentment then there is already


    2. Tell the sisters you can no longer continue to make contributions to the loan repayments which may or may not result in the bank forcing the issue if the sisters don't take up the slack.


    3. Continue making the payments but tell the sisters that you will only contribute to bills relating to essential maintenance which doesn't include decorating.



    Which ever option is chosen you need to be both singing from the same hymn sheet.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Seems the equitable split will be the original debt gets taken off the value, net proceeds split 3 ways.

    The amount set aside for the original debt gets split in 4 pieces one to pay the remaining debt and the rest returned to the 3 that paid off some of the debt(one being Zero)


    those that paid have a simple debt against the estate that can be documented

    shame the document that said
    The paperwork from the time states the children are paying as a goodwill gesture, with no legal obligation,

    Did not include that the payments were a loan.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Seems the equitable split will be the original debt gets taken off the value, net proceeds split 3 ways.

    The amount set aside for the original debt gets split in 4 pieces one to pay the remaining debt and the rest returned to the 3 that paid off some of the debt(one being Zero)


    those that paid have a simple debt against the estate that can be documented

    shame the document that said



    Did not include that the payments were a loan.

    That was my thinking - that if OP can show there was an agreement that she promised to do x and mother in law promised to give them a bigger share in exchange (ie that it wasn't a gift)....OP would have an enforceable debt.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
    First Post First Anniversary Name Dropper
    Have you (or rather you husband) spoken to the solicitor who is the executor? I would have thought that the SIL living in the house ought to be either paying for the work herself, or invoicing the estate, via the executor, for the work, depending on the wording of the will.

    In terms of your payments, have you (you this time, as you made the payments, not your husband) raised this with the executor, to notify them of this as a debt of the estate?

    Are you still paying towards the debt? If so, you could possibly say you can't afford to pay anything further, and suggest that the house is sold now 9which would be possible if all the beneficiaries agreed)

    What does the will say about the terms on which the SIL can stay there? If the will was professionally drawn up I would expect itto specify whether this was on condition that she keep the property in good condition, insured etc or whether those things were to be paid for by the estate. Does the executor know you are being asked to pay for improvements?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Ask your solicitor to opine as to whether you have established rights of subrogation with regard to the debt payments you have made.
  • YoungBlueEyes
    YoungBlueEyes Posts: 4,007 Forumite
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    At the risk of stating the bleeding obvious.....
    Your FIL passed 13 years ago, the will says one daughter who still lived there could stay for up to 5 years then the house would be sold. At what point are the 5 years up?? :think:
    Liechtenstein, the world's sixth smallest country, is the largest exporter of false teeth.
  • At the risk of stating the bleeding obvious.....
    Your FIL passed 13 years ago, the will says one daughter who still lived there could stay for up to 5 years then the house would be sold. At what point are the 5 years up?? :think:

    Good spot! Though I think the five years started. After the mil's death
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    At the risk of stating the bleeding obvious.....
    Your FIL passed 13 years ago(no will intestste), the will(MIL 3 years ago) says one daughter who still lived there could stay for up to 5 years then the house would be sold. At what point are the 5 years up?? :think:


    still 2 years to go

    (subject to the dates it may be +-X months)
  • YoungBlueEyes
    YoungBlueEyes Posts: 4,007 Forumite
    First Anniversary Homepage Hero Photogenic First Post
    Ah course yeah. My bad. :o
    Liechtenstein, the world's sixth smallest country, is the largest exporter of false teeth.
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