Stealing House from Kid?

BoredSubway

Hey,

So I think this may be a more moral issue than it is legal, however I thought some of you might be able to offer any insight, can't hurt right?

So my partner does not speak to her mother or sister. Long long story short they are horrible people. The sister told everyone that their mother beat them and then that she was dying of cancer. Both of which were untrue. When my partner found this out and told her Mum, she called her a liar and sided with her other daughter, although there was undeniable proof. They have both always been nasty people, to the point of as teenagers, the mother would leave my partner at home to look after the house whilst she and her other daughter went on holiday. My partner had to give all her money from part time jobs whilst at school to her mum to pay the bills whilst her sister didnt have to pay a penny. As you can see, this is the sort of people we are dealing with. Due to her own mental well being, my partner cut ties with both of them. Last year or so her mother had a heart attack and being the kind of person my partner is, got in contact with her to make sure she was ok etc as she was still family. She responded by getting her own mother (my partners Nan) to phone her up to tell her to stop contacting her as it was stressing her out.

Now....my partners parents divorced when she was 7, she is now 28. The father paid the mortgage on the house instead on child support on the understanding that the house would be split between the kids when the mother passed on. I'm not sure how much was actually written into the divorce but that has always been the agreement. My partners mum told me this herself, that the house is in all rights her kids house. Everyone knows this is the case and her Dad was under this agreement.

Now she has decided she will sell the house and keep the money to spend on her and her other daughter (she still lives at home with her mum and her partner), she plans on renting small bungalow out for them all to live in and keep the excess cash.

Obviously my partner is very hurt by this, as it was her childhood home and always was told it was her inheritance etc. Personally i believe this is a moral situation instead of legal but someone did mention that if the agreement the father made in the divorce to pay the mortgage on that understanding could mean she may have a chance of getting some of the house money. I've told her not to get her hope up but was just checking all options for her as she is deeply hurt.

Thanks for any advice!

AdrianC

BoredSubway wrote: »

The father paid the mortgage on the house instead on child support on the understanding that the house would be split between the kids when the mother passed on. I'm not sure how much was actually written into the divorce but that has always been the agreement.

The only thing that really matters is whose name the property is in. I suspect that the answer is 100% mother, rather than being in any kind of trust for the kids. Either way, the divorce agreement won't carry any weight at all now that the father is dead. If there was intended to be any kind of long-term binding agreement, it should have been done by way of a trust and lifetime beneficial interest.

Now she has decided she will sell the house and keep the money to spend on her and her other daughter (she still lives at home with her mum and her partner), she plans on renting small bungalow out for them all to live in and keep the excess cash.

She has every right to do that.

Obviously my partner is very hurt by this, as it was her childhood home and always was told it was her inheritance etc.

Something else to chalk up in the "My mother's a terrible person because..." column, I'm afraid.

She's hurt - of course she is - but is she surprised?

BoredSubway

The father is not dead. He is also angry that she is doing this.

AdrianC

BoredSubway wrote: »

The father is not dead.

Ah, sorry. My bad. So is there anything in the divorce paperwork? He should have a copy...

But the point remains - who actually owns the house?

BoredSubway

She's trying to get in contact with him to see.

I know he kept a £1 out on the mortgage to always keep it in his name up until very recently. I think she convinced him to sign it over though

AdrianC

BoredSubway wrote: »

I know he kept a £1 out on the mortgage to always keep it in his name up until very recently. I think she convinced him to sign it over though

Whose names are on the mortgage are irrelevant, except as a rough guess as to who actually owns the property. A couple of quid to the Land Reg will tell you with FAR more certainty.

moneyistooshorttomention

Agreed.

1. You need to check the Land Registry entry.

2. You need to see what the official paperwork on the divorce says.

3. Find out whether the dad was conned into signing over that last token £1 of the mortgage.

Fingers crossed for you.

hunters

There is no inheritance until someone dies, why on earth do people assume an inheritance.

The leaving a £1 on a mortgage was done so the mortgage company would store the deeds for free nothing to do with whose name is on the deeds.

Mother's house, up to her if she sells it, lives it in or indeed leaves it to the cat and dog home when the time comes.

FBaby

Expecting inheritance is never a good sign of integrity and independence. Maintenance given to a mother to look after her children is not money to save for the children. She would have used her income to support them instead of their dad, so absolutely rubbish to say that she should get any money from the house in lieu of the maintenance her dad didn't pay.

I'm sorry but I have little sympathy for your partner. Maybe she got a raw deal, but it's time she moves on. Her mum is perfectly entitled to sell HER house and to spend the proceeds as she wishes. It has nothing to do with your partner. Maybe it is because of your partner attitude of entitlement towards the house that is making her mother want to sell it now.

AdrianC

hunters wrote: »

The leaving a £1 on a mortgage was done so the mortgage company would store the deeds for free nothing to do with whose name is on the deeds.

There are no "deeds" to store, unless nothing has changed with the property - including being remortgaged - since before compulsory land registration in the 90s.

AnotherJoe

AdrianC wrote: »

There are no "deeds" to store, unless nothing has changed with the property - including being remortgaged - since before compulsory land registration in the 90s.

Doh! Thats why "hunters" put "was".