Can someone make me sell my house?

GDB2222

Or if you can't trust your own son.....

WhiteHorse

It will take a court order to force a sale. Even if that happens, from what you have said, it seems no end of deductions could be made from her share.

Any idea why the MIL has suddenly become so nasty?

flogget06

thanks everyone. Xylophone you nearly have it spot on the only difference is we were all on the deeds to start with then after a few years we went to re mortgage and found that she had spent loads of money on credit cards so she took herself off the deeds and put a deed of trust in place. Her idea and at no point did she want to sell because she was happy to live there. Also we paid for everything but she bought her own food.
I do want everyone to know if I had the money or even some of it I would pay her back no question. I am just very angry that she has done this this way and not spoken to us first.
If she was homeless she would move back like I say her rooms are still full of her things bed tv clothes.
If we sold I think it would destroy us. we couldn't afford to buy anything like a house it would have to be a flat and I take on animals that would be destroyed because kennels dont have room or no one wants them and what would happen to them I don't have a lot but they are my family.
But going by what you have all said I think i will sleep better tonight and I thank you all so much for that as im sure you can imagine I think of nothing else and have been very upset.
Honestly I dont know why MIL is being so nasty can only think it is personal to her and she just thinks I need some money for what ever reason and so ill get that back and does not care about her son at all?

BJV

Just got to ask how it is all going, I was talking about you last night to my husband discussing what a horrible situation you are in. It must be hard for everyone and your partner must be devastated. Lets us all know what happens.:A

Emmzi

bit confused on the terminology - do you mean she has entered a trust deed with her creditors?

in which case if you give her the money it'll have to go to the people she owes money to, not her!

flogget06

BJV wrote: »

Just got to ask how it is all going, I was talking about you last night to my husband discussing what a horrible situation you are in. It must be hard for everyone and your partner must be devastated. Lets us all know what happens.:A

Thank you so much you are very kind. well any solicitor I have spoke to dont really want to know as it is too complicated and have had 3 no's and one none return call out of 4.
One Solicitor did say that if we showed that we couldn't pay her back ASAP and had nothing of any value to sell then the court would make us sell the house even if this made us homeless. If she won we would have to pay all the fees, sell the house which we couldn't afford so I guess have to declare bankruptcy which means we would not be able to get a mortgage which means we would be homeless.
I believe the answer lies in the trust deed., but I dont really understand it and her solicitor will try and find a loop hole or something to have us on.
It is taking over my life and yes sometimes i feel better but when you hear things like that I feel sick to my stomach. I have now 14 days left.

flogget06

Emmzi wrote: »

bit confused on the terminology - do you mean she has entered a trust deed with her creditors?

in which case if you give her the money it'll have to go to the people she owes money to, not her!

No the money is hers. She did the trust deed because she took herself off the house.

xylophone

Has Mother created a legal charge on the property which gives her the right to force a sale?
What does the restriction registered at the Land Registry actually say?
If she does not have the right to force a sale and you and her son are the legal owners of the property and her only right is to a third of the sale proceeds if the house is sold why does her solicitor think that you must sell the house to provide her with the money?

What does the solicitor's letter say?

BitterAndTwisted

The mother is up to her ears in debt and her only asset is the third share in the house. Desperate times call for desperate measures.

xylophone

BitterAndTwisted wrote: »

The mother is up to her ears in debt and her only asset is the third share in the house. Desperate times call for desperate measures.

Maybe so but what (if any) legal right does she have to force a sale?