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Original poster

Not sure which subject - But wondering about splitting and getting my money

31 replies

Whatca · 18/08/2022 11:54

So come close quite a few times now to splitting up with my partner. Mortgage we have on our house is in the name of his brother as partner had bad credit and i was working part time and it was originally his brothers house. So we pay the mortgage monthly send it over to brother and he pays it.
Problem is if we split up he said he would have to sell the house or raise the money to give me which i think would be around £20K i have proof i send the mortgage money over every month. Where do i stand if we split up id basically be stuck waiting for him to decide he is giving me the money. He paid the house deposit but weve both paid for work to be done. Im aware its a big mess

OP posts:
KateBushyTail · 18/08/2022 11:58

Legally it’s tough because his name isn’t on the mortgage. Your name isn’t either is it?

is he likely (dp) to become a dick over this? Because on paper he owes you nothing.

Original poster
Whatca · 18/08/2022 12:00

KateBushyTail · 18/08/2022 11:58

Legally it’s tough because his name isn’t on the mortgage. Your name isn’t either is it?

is he likely (dp) to become a dick over this? Because on paper he owes you nothing.

He can be sometimes i could see him telling me i had to wait and then only giving me alot less. I feel like id just like to get my own place and buy somewhere in just my name even if not as nice that i can rent out so i have something.

OP posts:
IsDaveThere · 18/08/2022 12:00

You are not married and even if you were, neither of you own the house. You are basically relying on the goodwill of your BiL and partner to give you some money. Do you have anything in writing from brother in law?

Ejk1990 · 18/08/2022 12:02

Sounds like you are renting the property, atleast from a legal standpoint.

Properties are messy when people divorce. Your situation is even messier, as neither of you own the property. The brother cod just refuse to sell.

User354354 · 18/08/2022 12:03

This is an insanely vunrabke position you are in.

Do you have anything in writing ?
How long have you been living in the property, paying the BIl?

HipsterCoffeeShop · 18/08/2022 12:05

It's not your mortgage or your house.

Legally you own nothing.

RoseAndRose · 18/08/2022 12:11

Who owns the house - ie is on the deeds?

What money have you actually put in to the house - anything other than a monthly payment to the owner?

Original poster
Whatca · 18/08/2022 12:12

Yes brother has said when mortgage is paid he is planning on gifting partner the house so it is in his name. I know he definitely would give it to partner. Have nothing in writing but even if i did what could i get it to say ?? See i know partners dad has money to give me if we split up but partner has said he wouldn't want to borrow it. I feel like i should just ask for the money and go buy somewhere else. As i am just adding value to a property that wont be mine.

OP posts:
Pixiedust1234 · 18/08/2022 12:12

You don't have a mortgage. You don't have a house. The brother has both.

You aren't paying the mortgage, you are paying rent. The brother is using your rent money to pay his mortgage. I'm sorry but you have been screwed over Sad

Original poster
Whatca · 18/08/2022 12:13

RoseAndRose · 18/08/2022 12:11

Who owns the house - ie is on the deeds?

What money have you actually put in to the house - anything other than a monthly payment to the owner?

Yes put £6K toward extension also put £1K in to room fittings, paid half mortgage for 5 years also paid for other work on the house. House is in BIL name (although not married to partner)

OP posts:
User354354 · 18/08/2022 12:14

I think you really need to prepare yourself that you may have to walk away with nothing.

Bellyups · 18/08/2022 12:15

According to your OP, you rent the house. You aren’t entitled to anything. It’s DP’s brothers house.

LittleBirdBlu · 18/08/2022 12:16

Gosh, I think you need to realise that you will get nothing from this house. Nothing. You are not married, you don't have the mortgage, the house is not yours. You have effectively been paying rent to live there.

Meltingsocks · 18/08/2022 12:19

You've been renting OP (and I'll bet you'll BIL hasn't got a BTL mortgage so probably fraud on his part here).

Just walk away and never make the mistake of relying on men again. Can you afford to rent alone?

Notbluepeter · 18/08/2022 12:20

Also. Your brother can't just gift you a property without incurring CGT. This is charged on any profits (difference between purchase price and disposal price), or treated as arising, on the gift. Where a gift is made to a close family member, the market value of the asset is substituted for any sums which are actually paid and CGT is charged on the gain deemed to arise.

Original poster
Whatca · 18/08/2022 12:20

Meltingsocks · 18/08/2022 12:19

You've been renting OP (and I'll bet you'll BIL hasn't got a BTL mortgage so probably fraud on his part here).

Just walk away and never make the mistake of relying on men again. Can you afford to rent alone?

I dont want to rent as i have 2 kids i would want to get my own place. Partner has always said that he would give me my money but last time we spoke on the situation he said he would sell the house and apply for a council house dont believe him and he would be waiting years for a council house. I could get a mortgage on my own as i have good credit and work full time its just the deposit

OP posts:
DPotter · 18/08/2022 12:21

Sadly I have to agree with the others. You've been paying rent. And if you don't have a tenancy agreement - you don't even have the rights of a tenant.

And as for your partner being gifted the house when the mortgage is paid - you do know most mortgages are over a 25 yr period ? So I doubt it will be paid off anytime soon.

You maybe lucky and the brother give you the money back, but frankly I wouldn't hold your breath.

Sorry - this is not what you want to hear.

GingerFigs · 18/08/2022 12:22

You have been paying rent. I'm really sorry but you are not on the deeds or the mortgage. Never ever ever take anyone's word when they say things like "we'll do this for now and sort it out later" and "honestly, when the mortgage is paid I'll gift the house to you / partner".

I think you need to prepare yourself that you will likely get nothing other than a very hard lesson learned.

But don't let it stop you from walking away from the relationship. The longer you stay the more you will invest, both in the house and the relationship, both of which are now a sunk cost.

Creepymanonagoatfarm · 18/08/2022 12:23

You are being naive if you think any £ will be coming your way post split....

DPotter · 18/08/2022 12:25

I think I'm absolutely 100% safe in saying that no single man will ever even get on a council house list.

Invest some time, book an appointment with the Citizen's Advice to get an understanding of the position you are in. At best you and your partner have been naïve and your partner's brother well intentioned. At worst - they saw you coming.

abovedecknotbelow · 18/08/2022 12:29

You're not going to get anything from this. You haven't hit a leg to stand on.

How are you going to get a mortgage with no deposit? Do you earn enough to get a mortgage that will give you a big enough property if you had a deposit?

Tee20x · 18/08/2022 12:33

This doesn't sound like it will end well. Focus on what you can do for yourself e.g savings wise in the event that you do and up splitting.

AquaticSewingMachine · 18/08/2022 12:33

You know what they call someone who lives in a house for which the deeds and the mortgage are both in someone else's name, and who sends that person money each month which that person pays on the mortgage? A tenant.

You are not going to see any money. The legal position on you paying for an extension, unless you can produce formal documentation to the effect that the owner was selling you a stake in the house? Is pretty much "it was nice and stupid of you to give that as a gift. Next!" Your partner's brother is not going to sell a house that he doesn't want to sell to give you a chunk of money. And your partner's enthusiasm for giving you a sum, once he is your ex and knowing he has no legal obligation to, is likely to dwindle to 0.

Sorry, but you never had a house. You were renting. You will have to start again to save your own deposit.

BecauseICan22 · 18/08/2022 12:39

Housing Law here, your legal position is none existent.

It would be near enough impossible for me to help you if you came to me as a client.

You need to get whatever you can in writing now.
If you are on good terms then perhaps start the process now of getting the finances organised.
And for the love of all that is good, never allow yourself to be in such a vulnerable position again.

PeekAtYou · 18/08/2022 12:45

IANAL

As your current home is in your BIL's name you aren't entitled to any of the equity.

If the house was in your partner's name and only his name was on it, you wouldn't get any money either.

Your only chance of getting money is by taking BIL to court and getting extension etc money back. Your ex wouldn't owe you any money from
the house. He would only owe you child maintenance.