Loans and divorce

Sebnemcaber

Hello
I would really appreciate any ideas about my problem. 

We are getting divorced after 7 years of marriage. I just found out that my husband had bought his flat before we got married, with the money paid by his brother in 2002.
So they had an agreement between themself regarding that loan. He sold his flat in 2015 when we were married then and used the money for our houses deposit.
We are tenants in common. 
Now we are getting divorced, his brother wants his money back. 
My question is, the money was loaned to my husband before we were married and i was never informed about it either. Eventhough he used that money towards our deposit for the mortgage, am i liable? Would that loan be taken out my share too in the event of house sale ?
The loan is £180000, and the house is valued around £450000. We also have £100000 outstanding mortgage.

Thank you 

MovingForwards

https://forums.moneysavingexpert.com/discussion/6145373/tenants-in-common#latest

It's easier to keep all the information in one place.

I would be asking to see proof of the original loan and also subsequent agreement that it's carried forward to the new home.

Best off asking on wikivorce as they specialise in divorce / separation and financially related matters.

NinjaTune

All a bit confusing.  On this thread you say 180,000 debt and the house is worth 450,000 - yet on the other thread the debt is 240,000 and the house worth 500,000.

I'd think that a lot probably rides on whether there was there a formal/legally binding agreement that the loan would be secured against the property/properties going forward.

Wikivorce doesn't look to be very active but, as MovingForwards says, probably a more specialist place to post this question.  With such a large amount of money involved you would probably benefit from speaking to a solicitor.  Some still offer a free 1 hour consultation depending on where you live in the UK.

Sebnemcaber

Thank you. 
Yes there is formal/legally binding agreement that the loan would be secured against the property/properties going forward between the husband and his brother which i did not sign for or knew about until now.

Sorry about the amounts stated. The original loan from his brother is £180000 and found out that there is another £60000 from another person, again i was never told of until now. Which makes the total £240000.
The house is valued between £450000-500000.

Thank you

MovingForwards

Have you downloaded a copy of the title deed to see what's registered against it?

What was declared to the mortgage company when making the application for the mortgage?

Sebnemcaber

On the title deed, there is nothing registered against it.
He declared that the money was paid from the sale of his flat towards the motrgage. 

NinjaTune

Sebnemcaber said:

On the title deed, there is nothing registered against it.
He declared that the money was paid from the sale of his flat towards the motrgage. 

In that case it makes things less complicated about selling the house if there isn't a charge against it.

If the legal agreement is against the property itself rather than your husband personally then I you might find that the 180,000 will need to be paid back before the rest of the equity is split between you.  If the other 60,000 loan was directly to your husband and not secured against the property then he will be responsible for paying that back.

You haven't mentioned how much you contributed to the house deposit.  If it was considerably less than the 180,000 he put in then your husband has been very foolish in not obtaining a Deed of Trust to protect his brother's money.