Gutted for my brother, she asked him to leave after 15 years, no mortgage on house, separation etc

joe565

princeofpounds said:

In contrast to many of the others, I think it's very likely he will be able to establish a beneficial interest in the property. I think there's a lot of people commenting on the thread so far who have only a very limited understanding of property law.

That's not to say it will be all sunshine and roses - far from it - but just take the certainty from some posters with a pinch of salt.

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest

Thanks for this, very helpful

sheramber

sweetsand said:

From what I can tell, your bro was only a tenant there living rent free and he paid via working on the property - the deeds are in the womans dads name - the woman paid for the hardware - imo your bro will get naff all other than a big solicitors bill but please note I'm no expert.

The other thing is - is planing consent not required to build on farm land especially if it is to be used as a separate dwelling - imo it should be knocked down - by that i mean i go buy up some devastated farmers farm land with a little crappy house on it build a mansion and sell if for a lot of money - hope you see where I am coming from as the bottom line may be the building has to rasied to the ground as it has no planing consent,

imo it should be knocked down - by that i mean i go buy up some devastated farmers farm land with a little crappy house on it build a mansion and sell if for a lot of money - hope you see where I am coming from as the bottom line may be the building has to rasied to the ground as it has no planing consent,

What proof do you have that planning permission was not obtained. 
Plenty of old farm buildings are renovated to live in.  Look at how many barn conversions there  are. These were old farm buildings once.

74jax

princeofpounds said:

In contrast to many of the others, I think it's very likely he will be able to establish a beneficial interest in the property. I think there's a lot of people commenting on the thread so far who have only a very limited understanding of property law.

That's not to say it will be all sunshine and roses - far from it - but just take the certainty from some posters with a pinch of salt.

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest

I would have thought so too, had the wife been the owner.
In essence neither owns, and they are divorcing and he's moving out of a house neither own.  In essence one party who lived in the property (ops brother) wants a share, the other party (ops SIL) doesn't. 
I really don't think it's as straight forward as if he was claiming for half of matrimonial holdings.
He is divorcing his wife, not his FIL, so why something he owns would come into it is a veryvery grey area. 

Mojisola

The house might well be owned by a company (many farms are set up as businesses) so that would make it even more difficult to make a claim.

74jax

I'm just thinking about this again. If he paid for the building of the house, I'm guessing over 150k (no idea how much it costs to build a house......) from his savings (you say no mortgage) how did he pay this out?  You can't ask a builder to build a house on any plot of land you don't own.   And then register with lan registry in a name that isn't yours.
It just seems a little strange. 

xylophone

Your brother's FIL owns the land.

Presumably he sought any necessary permission to construct a dwelling house on it, most likely under provisions relating to building on agricultural land.

Your brother paid for the construction.  He appears to have taken legal advice at the time.
Is there some written record of that advice?

sweetsand

How can you get half or something of something when it does not belong to you or your oh?

kazwookie

Being nosey but how did the house end up in FIL's name? the land I understand.

Was leasehold ever discussed

74jax

sweetsand said:

How can you get half or something of something when it does not belong to you or your oh?

I really don't understand it, the divorce is one thing, entirely separate.
I could understand if the wife owned it and it was a matrimonial asset, but its just like renting. Especially when the wife doesn't even want half.
Why would he use over 150k of savings on land he didn't own, to build something he didn't own. And how did he even go get planning permissionn for it, you can't build on something that's not yours...... 

sheramber

the FIL could  have applied for planning permission  for the house . 
The OP's son provided the money for the materials.
The FIL registered the house  in his own name , presumably with the OP's son's  agreement.
Whether is was wise to do that is another matter but it certainly is possible.