How to evict parents

mda03ajg

My husband and I are at our wits end. 17 years ago my father-in-law had his house reposessed. He asked my husband who was 20 at the time to buy a house in his name. My husband gained a morgage based on his income and using his name. He did it as he was living with them and they said they would be homeless if not and that not to worry because he was now on the property ladder and the house would be his anyway. He lived with then for 10 years in 'his' house. He paid towards the morgage and his dad paid it by going to the bank and having a bankers cheque made in my husbands name to the morgage company. We met 7 years ago and I was unware of the situation until we tried to buy a house of are own and my husband told me that his parents were living in his house. Because of this we were forced to rent as my husband was the earner as I was training to be a doctor and he would'nt of been able to get a 2nd morgage. His parents made it clear they did not want him to move out and start a family of his own now it is clear that they were worried because they were living in a house in my husbands name. Last year we tried to bring it up and his dad said that we should mind are own business and that it was nothing to do with us it was his house and that he had sorted the morgage to be in his name. I threatened to ring santander and he admitted that the house was still in my husbands name and that he wanted to sell it and take the money out of the house as it had naturally increased in value. The house was bought for 39000 and I think my father-in-law gave my husband 1800 as a deposit. My husband signed for the house/morgage while they were out of the country on holiday. My husband has mild learning difficulties and dyslexia and was really mentally 13/14 at the time and just thought he was very grown up and was pleased to help his desperate parents. As he has got older he has realised what a nightmare this now is for us. I am now a doctor and earn a reasonable salary but with borrowing being the way it is and the huge intrest rates asked if only paying a small deposit we reached the conclusion that we have a house alredy arranged with a morgage so lets just add me on to that and move in there. After speaking to the morgage company and asking for the files we have discovered the morgage is now 43500 and he has been consistently missing payments. Because of this they would not consider adding me on as they think we can't even pay 150 pounds a week! The morgage has been increased for missed payment charges and only the intrest has been paid and he is still in arrears(well my husband is in arrears!) The house is in a terrible state the windows are on the verge of falling out the roof is leaking, plaster falling off walls and a ceiling falling down. There is a terrible kitchen, bathroom and the central heating is broke. We wanted to ask the bank for a remorgage to sort this out but with my husbands poor record of paying the morgage they have said no even though I am earning 45000+????? We have 7 years to pay the 43500 off as it is an endowment morgage. The crunch is my in-laws seem to think they are entitled to the equity in the house(the property is worth around 130000- due to its poor state). They want us to give them 86500!!! or they will not move out. But we need to move into the house before the dead line for the endowment comes and to clean up 'our' bad name as well as make it fit to live in with 5 kids!!! They have been living in a really good area for 17 years for £150 a month but we are having to rent a small house for 4x as much. Our contract runs out in april 2011 and we need to move in but they want to see 10000 plus 400 monthly until 86500 has been paid + interest. They are dooming us to rent for a very long time unless we put ourselves on the poverty line. WHERE DO WE STAND SOMEONE PLEASE GIVE US SOME ADVICE!!! are they entitled to gain equity in my husbands name??Is it right we have to move into the pits with massive debts while they are looking in holiday brochure and at new furniture!!! My father-in-law is broke and views this as a private pension scheme paid by me until they both die.

stephane_2

You posted in wrong forum...this is credit card thread

ihatecaptcha

As the other poster said, you're in the wrong board. But don't just repost in a different board. You'd be wiser to go to a solicitor.

The way you tell your story makes your in-laws sound like villains but I'll bet if we heard the other side of the story it would sound a little different.

Two points: first, if they contributed to the deposit and have contributed toward the mortgage payments, obviously you can't just kick them out and claim all the equity. If you try to sell the house they can register an interest, and then the courts will decide how much each party is entitled to. You need to find an amicable solution, or it will cost you money -- not to mention the effect on your five children of hearing their parents arguing about how to evict their grandparents.

Second, if it's an endowment mortgage you should ask the solicitor to look into whether your husband was mis-sold the policy -- especially if he is learning-disabled. (Having a learning disability isn't something you grow out of, it's a developmental disorder. I'm surprised you don't know that, if you're a doctor. See http://www.mencap.org.uk/page.asp?id=1684 for further information.)

Find a solicitor.