Can someone make me sell my house?

flogget06

After speaking to my other half he doesn't mind me writing on here that it is his mum I am referring to. So if you cant trust your own mum who can you trust. Myself and my partner have always paid the bills and mortgage not his mum although she lived here it was how we were paying her back and yes I have kept a record of everything we paid and also we paid for the everything in the house kitchen, bathroom, carpets etc everything. She has her rooms which are still full of her clothes and everything and she has a key and can / has before this come in and out when ever she liked.
We still continue to pay everything of course and my partner is still waiting on about 100 CVs he has sent off. So no, the payments have not stopped. But without us knowing and understanding she has put a restriction on the house not a charge which now I know it means that if we loose the house by not paying the mortgage she will get her 3rd first before the banks etc so I would say she wouldn't want us to pay and loose the house then she will get her money?

BitterAndTwisted

The only solution I can think of is discussion and compromise. Mediation if necessary. Something has happened for her to decide on this course of action. Few mothers would do 180 degree about-turn without some disagreement or other. Mind you, a couple living with a third person is one thing but living with a MIL is something else completely. All three of you must have been mad.

Look at it this way: after eight years of ownership you must have a bucket of equity. And with one third as a deposit your mortgage-payments should have been quite low and her accommodation costs zero. Win/win.

It couldn't possibly have lasted forever.

Thrugelmir

flogget06 wrote: »

But without us knowing and understanding she has put a restriction on the house not a charge which now I know it means that if we loose the house by not paying the mortgage she will get her 3rd first before the banks etc so I would say she wouldn't want us to pay and loose the house then she will get her money?

The lender will hold the first charge on the property. So will be repaid first.

How much equity is in the property after repayment to your mother?

BitterAndTwisted

No-one gets their third before the lender! That's not how these things work.

Discussion.

Compromise.

Mediation.

JimmyTheWig

I'm confused.
You've been paying her back _and_ she gets a third of the house when it sells?

BitterAndTwisted

"Myself and my partner have always paid the bills and mortgage not his mum although she lived here it was how we were paying her back"

This doesn't sound like a loan-repayment at all, just that the mother was getting a home to live in in return for the cash-sum given as deposit. For the mortgage application the mother would have needed to have given an undertaking that the deposit amount was not a loan.

flogget06

There is something in the restriction that makes the mortgage companies not want to lend and our mortgage advisor told us it was because the banks wont lend unless they have their money first and not second? So although we have a mortgage we are not on a deal and just pay the normal rate (if you know what i mean)
Yes we must have been mad but my partner and his mum lived together all their life (like i say we wasn't very old when this happened) spilt up from her husband / dad had some money from the previous house. She had money but no job we had jobs and no money and none of us could have got a property without help so that's it.

"For the mortgage application the mother would have needed to have given an undertaking that the deposit amount was not a loan."
Thanks I will find out what we originally signed and see what it says about that.

Richard_Webster

The restriction prevents disposition without her consent but would not prevent a mortgage lender repossessing and selling. These restrictions are a common way that parents protect money put into grown up children's houses.

If you want remortgage you would simply have to get her consent to the registration of the mortgage.

BitterAndTwisted

In your position I would not be fretting and getting in a panic about your home being sold out from under you. I doubt that that is going to happen any time soon. What I would be concentrating on is how and why this arrangement has become so unfavourable so suddenly to force someone into getting solicitors involved in writing letters in their behalf. I suspect that there is much, much more to this that you have chosen to disclose.

flogget06

I would love to say yes but i can honestly say there is no reason. Everything was ok and gradually she stayed here less and less but still kept coming back for clothes etc no problem. We would see her about at family parties birthdays and Christmas and so this letter is a total shock. I can only think she needs the money because she owes it to someone or there is another house she wants. But why she didn't come round and ask us or explain her situation I don't know. We have not contacted her until we have advice on what to do.
But thank you everyone I am feeling better.
Have found out that the original documents have been destroyed because it was so long ago. So what does that mean for her and us?