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

macman

He may well have a beneficial interest, but it's going to probably cost him some serious money in legal fees to establish it. In the meantime, he may have next to no rights to remain in the property, as he is neither owner, tenant or even lodger. He needs to take urgent legal advice.

sweetsand

74jax said:

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...... 

Great minds think alike, thanks. Someone needed to say it so I did, it just does not add up. IMHO, unless there is anyhting in writing, then the property belongs to the ladies father and a big fat zero to the OP.  I think I also stated that usally planning consent is required if people intend to use as live in accommodation and I'm sure that has been granted but again it would be the landowner. Usually it works by beneding, well playing with the rules a little EG - you build a liver in property on famland within limits and claim your 'worker/s' are housed there and can only be used for workers and their family.

Sadly, OP has no rights whatsoever IMO.

Fireflyaway

I can understand it must be a sad time for you but I think your brother needs to deal with all this. Don't get involved with his marriage / property etc, just be a good listener and be there for company etc. None of us here can say with 100% certainty what his rights are and what's going to happen. He needs to seek legal advice. I don't want to offend or upset you but there is a chance your brother wasn't a great husband. We don't know what goes on in private. Try really hard not to take sides or have an opinion on his wife because you have nieces / nephews involved. 

pphillips

sweetsand said:

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

You don't have to own property to have a beneficial interest in it. The law books are full of cases about proprietary estoppel and implied constructive or resulting trusts.

74jax

pphillips said:

sweetsand said:

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

You don't have to own property to have a beneficial interest in it. The law books are full of cases about proprietary estoppel and implied constructive or resulting trusts.

In these cases though I understand you have to believe that some point you were going to gain an interest in the property, or that you were promised 'look after the house and I'll give you a share'. The op doesn't mention this crucial part at all. Had it been his brother handed over 150k on the understanding 25%would be in his name, 25%in his wife's and 50% in his FIL's name and he had tried to do this and had proof but FIL then refused, I'd understand it more.

It's going to be extremely hard to prove he paid for the building of the house 15 years ago (or however long) and was happy not to be on the deeds, but now they are split he wants on. 

Plus if he paid for the house, surely half the money was his wife's, who doesn't want on the deeds, perhaps as that was never the intention.

He has proof of funds going to a builder, perhaps the correspondence shows he expects the house to be his... Ie his drawings, his conveyancing solicitor, his architect, appointments with the council / architect etc, or was everything done through FIL, FIL designed the house, carried out all appointments, and this money to build the house was instead of paying rent. How much was the land it was built on, perhaps it was 50% of the build, so rather than sell it to his daughter he allowed them to use their savings to build a house instead of a mortgage. To many questions really for us to know. 

sweetsand

pphillips said:

sweetsand said:

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

You don't have to own property to have a beneficial interest in it. The law books are full of cases about proprietary estoppel and implied constructive or resulting trusts.

Have you not read the thread? The property does not belong to the OH or the poster it belongs to the OH's dad. Therefore, its a rental and can't be given away.

sheramber

sweetsand said:

pphillips said:

sweetsand said:

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

You don't have to own property to have a beneficial interest in it. The law books are full of cases about proprietary estoppel and implied constructive or resulting trusts.

Have you not read the thread? The property does not belong to the OH or the poster it belongs to the OH's dad. Therefore, its a rental and can't be given away.

Maybe do some research on beneficial interest,
https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest
 

74jax

sheramber said:

sweetsand said:

pphillips said:

sweetsand said:

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

You don't have to own property to have a beneficial interest in it. The law books are full of cases about proprietary estoppel and implied constructive or resulting trusts.

Have you not read the thread? The property does not belong to the OH or the poster it belongs to the OH's dad. Therefore, its a rental and can't be given away.

Maybe do some research on beneficial interest,
https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest
 

Remember neither is the sole owner (living in the property). They are renting.  Maybe rent was paid upfront (by building fees) we don't know. 
At no point does it appear to have been said in return you will go on the deeds (which is needed for a beneficial interest - there needs to implied communication that it will happen. 
We need much more info that the op doesn't have. 
Who designed the house, who attended the appointments, who 'created' the house, instructed planning / architects / conveyancers. 
Was it ever said he would go on the deeds. 
Was the 150k (or more, however much it was) joint savings. 
Could the owner of this house be looking at a deprivision of assets by giving it away. Never implied, and they paid rent upfront, now wants to give away 150k property when it's never been raised before in 15yrs.
Had his wife been co-owner, then yes. But neither owns, neither was 'promised' anything, neither has fought for 15 years to own the house. They paid for the building and lived rent free as per the info we have. 

sweetsand

Cheers 74jax, you saved me the effort. Good post.

babyblade41

Just to add my two penneth the OP's brother might have to be a little careful as FIL may try and back date the rent if he pushes too far with this .

It is very difficult to know as there are so few details but  even if he paid for the materials he still didn't pay rent.