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Lying SIL

(17 Posts)
Freeme888 Sat 20-Jun-15 10:49:47

It's been suggested I post here from legal for more traffic so I'm giving it a go. Ten years ago me & my dh bought my SILs flat off her for 170. I'm now divorcing my financially controlling abusive dh. He controlled all bank accounts during our marriage & I've never ever seen a statement. (kept them locked up). He's now telling lawyers the flat was an outright 'gift' to him from his sister & as such it is legally not part of the marriage pot to be split. Unbenknownst to me, at the time of the sale, it appears he's put the property transaction through the land registry with no value (as a gift) but then subsequently, sent his sister a 'gift' of 170 by bank transfer. (she lives abroad). I believe he did this so he didn't have to pay tax on the purchase. A double gift in effect. I am furious because we sat down as a threesome over the phone & negociated the purchase price. Now my SIL is saying she 'can't remember' what happened to the flat! She inherited the flat from her mum. You don't just 'forget' what you did with your mums inheritance. hmm (I had a flat once but I must have lost it down the back of the settee or something?) She bare faced lied to me saying she couldn't remember we negociated a price but didn't deny my dh 'gifted' her 170k which she bought her current home with. My problem now is that this happened 10years ago & I have to prove it. The pair of them are deceitful lying bastards. We DEFINATELY bought that flat, we talked about it for years. My stbxh is trying every deceitful tactic to leave me homeless & penniless. What d'you think?

ImperialBlether Sat 20-Jun-15 10:55:08

I'd suggest you get a bloody good lawyer onto him.

dun1urkin Sat 20-Jun-15 11:02:03

I saw your other thread about this - and agree that you should speak with your lawyer about this.

spad Sat 20-Jun-15 11:09:18

Yeah, the best lawyer you can get your hands on!

Sorry, don't know more to help but that is horrible.

Freeme888 Sat 20-Jun-15 11:14:08

My f ing luck that lawyer is out of office monday but will be on it asap. I feel soo dejected today. I don't know how to carry on.

CrystalHaze Sat 20-Jun-15 11:14:20

Legal advice/action is the only way to go, to force them both to present a full and complete paper trail of all transactions and documentation relating to the property. Good luck flowers

Meechimoo Sat 20-Jun-15 11:16:34

Was the flat put in both your names? Are you both on title deeds?

Freeme888 Sat 20-Jun-15 11:30:51

It's in his sole name only.

Freeme888 Sat 20-Jun-15 11:31:32

I'm thinking of shopping him to the inland revenue for tax evasion

maddening Sat 20-Jun-15 11:35:19

Can you get proof of where the £170k came from - that is the most important part of the transaction - proof that you had a right to the money that purchased the property.

NRomanoff Sat 20-Jun-15 11:36:49

Don't do anything until you get some legal advice on it. It could end up beingore damaging to you. Don't really care about him, but there could be implications to for yourself.

Since he is controlling, is there a chance sil maybe doesn't know the full details and he sorted it all out. She got rid of the flat and her 170k so never worried about what he was doing at the time and so can't confirm or deny how it was done. Possibly he has manipulated her into a shot position as well?

GloriousGoosebumps Sat 20-Jun-15 11:44:21

I'm not sure that things are as bad as you think. Your "D"H is going to have to convince the divorce court that it is mere coincidence that at exactly the same time that your SIL gives him a gift of a £170k flat he gives her a gift of £170k. Coincidences do happen of course but I can't see a cynical judge believing his story, he's much more likely to find he's reported to the Inland Revenue for tax evasion. You'll be able to prove the date the flat was transfeered into his name and the date of his transfer of the money to his sister, it'll then be for him to prove there were two genuine gifts and how ever many lies he tells he'll never pull it off.

TestingTestingWonTooFree Sat 20-Jun-15 11:49:01

Don't do anything before taking advice. If you're saying this was a joint purchase, HMRC will consider you equally liable for the tax won't they?

NaiceVillageOfTheDammed Sat 20-Jun-15 12:19:52

Agree with Goose.

Any semi decent divorce lawyer will have seen this '000s of times.

Your H is not being very subtle is he.

You have a paper trail with dates when monies payed, stamp payed and title deeds were transferred.

You can gift but HMRC has very strict rules about this.

Unless we're talking about lord of the manor type estates, there should be few reasons why the 'gift' of the flat wouldn't become part of H's/your family's estate to be split between you both on point of divorce.

GoblinLittleOwl Sat 20-Jun-15 12:33:47

Think this flat, however he acquired it, is part of his assets, and you are entitled to half as his legally wedded wife.(You are, aren't you?) But get a lawyer on to it quickly.

paulapompom Sat 20-Jun-15 16:01:49

Yes Goblin I think that is the case. It's a joint asset, gift or not (blatantly not). The bank transfer will be recorded somewhere too. I can see why you are so upset op, this is a nasty trick to try, but i don't think he will get away with it, Good luck flowers

BabyMurloc Sat 20-Jun-15 16:05:51

You need good legal advice. The 170k will be easily tracable and he will have to prove it's a "co-incidence" Expect HMRC to be informed and any tax he has tried to wangle out of paying being paid BEFORE you get your 50%.

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