Proceeds of crime

Carl789

I have found out tonight, that my son-in-law may be charged with fraud. It turns out that he's been stealing money from his employers and that some of that money was used to pay the deposit on the house he now shares with my daughter. The house is actually in my daughter's sole name and she has subsequently remortgaged in her own right.
They have 3 children, 5, 2 and 10wks.
If he is guilty, what are the chances that the house can be repossesed or my daughter is forced to sell?
Many thanks in advance.

ACG

Was the property originally in joint names?
How much was allegedly stolen?
How much equity is in the property?

dimbo61

Have they split up ?
You talk about son in law but house is in sole name of daughter !
She has remortgaged !
Can't imagine anyone making 3 young kids homeless but that is not to say his employer won't go through the courts and place a charge on the property.
One for a solicitor once all the full facts are known.

da_rule

Under section 9 of the Proceeds of Crime Act 2002 the gift may be classed as a 'tainted gift'. The Court can order that a recipient of a tainted gift has to repay it. If they don't, an Enforcement Receiver is appointed and has the power to force sales of property.

This may appear to be all doom and gloom but there are a number of considerations:
1) He has to be found guilty and a POCA application has to be successful;
2) He has to be unable to repay the amount acquired by his criminal acts;
3) The Court has to consider the reasonableness of making an adult and 3 children potentially homeless.

Your daughter may be able to give the Court a charge over the property (like a mortgage), so that the debt only has to be paid when she decides to sell the property (just be mindful of any potential interest).